Incident Overview - On December 1, at approximately 2:17 PM, a TJ Maxx security guard was assaulted by a thief while attempting to intervene in a theft. The crime involved two young women who committed petit larceny, stealing an estimated $200 worth of merchandise. In my opinion, this incident highlights shortcomings not only in the guard's actions but also in the training he received.
Common Retail Security Challenges -This scenario is all too common in retail security. Theft often occurs either through overt methods, such as fleeing the store with stolen goods, or more covert tactics like "boosting." "Boosting" refers to concealing stolen merchandise on one’s person or in personal belongings, such as a backpack or purse.
Unfortunately, retail security often carries a reputation for ineffectiveness. A significant reason for this is the limited arrest authority security guards have. In New York State, unarmed security guards can only detain or apprehend individuals if a felony has been committed, and even then, only under strict conditions. For lesser offenses, such as petit larceny, their role is limited to "observe and report."
Corporate Fear of Liability - Corporations are hesitant to grant security guards broader authority due to the risk of lawsuits arising from improper apprehensions. This concern is well-founded, as incidents involving excessive force or wrongful detention could result in costly civil and criminal litigation.
The Role of Training - However, this risk could be mitigated through proper training. The key difference between basic security guards and more qualified security officers is the level of training they receive, particularly in areas like arrest authority, handcuff application, and criminal procedural law. Well-trained security professionals are better equipped to handle situations with minimal legal exposure for their employers.
Security guards’ authority is based on their certification and experience, and by law, their power to apprehend depends on the store or facility owner's authorization. When dealing with misdemeanor offenses like petit larceny, guards are generally required to adhere to "observe and report" protocols.
Proposed Solutions - The retail industry faces two clear options:
Enhanced Training for Unarmed Security Guards – Providing unarmed guards with additional training in criminal law and proper apprehension techniques would reduce the risk of reckless or unlawful actions, thereby lowering the likelihood of lawsuits.
Transition to Armed Security – While this is a more controversial and costly option, armed security guards offer a strong deterrent to crime. Given the rising incidents of violence, including high-profile shootings and social unrest, the shift toward armed security may be inevitable.
Retailers often prioritize cost savings by employing inexpensive unarmed security labor. However, the growing risks to both property and personnel may force the industry to reconsider this approach. With rising tensions in society and an increasing focus on security, armed guards could become the standard in retail settings sooner rather than later.
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