In Maryland, as in many states, store owners and employees have limited legal authority to detain individuals they suspect of shoplifting. This authority is known as the shopkeeper’s privilege. But it’s not a free pass to act as law enforcement. Misuse of this privilege can result in serious legal consequences, including civil liability for false imprisonment, assault, or even defamation.
So what exactly is shopkeeper’s privilege in Maryland, and how far does it go?
What Is Shopkeeper’s Privilege?
Shopkeeper’s privilege is a legal doctrine that allows store owners or employees to detain someone they reasonably believe has shoplifted—provided they do so in a reasonable manner and for a reasonable amount of time.
Maryland courts have recognized this doctrine under the common law. The leading case is Montgomery Ward v. Wilson, 339 Md. 701 (1995), where the Maryland Court of Appeals held that a store may detain a suspected shoplifter without incurring liability—if the detention is based on probable cause, conducted in a reasonable manner, and does not last longer than necessary.
Key Requirements in Maryland
To invoke the shopkeeper’s privilege in Maryland, the store must satisfy the following elements:
1. Probable Cause
There must be a reasonable belief that the person has committed or is committing theft. This belief must be based on specific facts, not mere suspicion.
2. Reasonable Manner
The detention must not involve excessive force or public humiliation. In Safeway Stores, Inc. v. Barrack, 210 Md. 168 (1956), the Maryland Court of Appeals warned that a detention that is unnecessarily aggressive—even if theft occurred—can create liability for false imprisonment or assault.
3. Reasonable Duration
The suspect may only be held for the time reasonably necessary to investigate or await the police. Courts are quick to find liability if the detention is unnecessarily prolonged, especially if the person is later found innocent of wrongdoing.
4. Location
The privilege generally applies only on the store premises or immediately adjacent areas. Pursuing someone off-site and detaining them at a remote location can void the privilege and expose the store to liability.
What Happens If a Shopkeeper Goes Too Far?
If a store exceeds the bounds of the privilege, the detained person may have a legal claim for:
- False Imprisonment
- Assault and Battery
- Intentional Infliction of Emotional Distress
- Defamation
For instance, in Montgomery Ward v. Wilson, the store detained a customer who was later found to be innocent. The court held that while shopkeepers do have the privilege to detain, they must still act within the bounds of reasonableness and necessity. In that case, because the store’s employees failed to properly investigate and detained the customer based on weak evidence, the store was liable for false imprisonment.
Advice for Retailers in Southern Maryland
If you operate a store in Charles, Prince George’s, Calvert, or St. Mary’s Counties, here are a few practical tips:
- Train your staff on how to recognize probable cause.
- Use surveillance cameras to document suspicious behavior.
- Avoid using force or public confrontations unless absolutely necessary.
- Call law enforcement quickly and limit any detention until they arrive.
Advice for Customers
If you believe you’ve been wrongly detained by a store:
- Remain calm and don’t resist physically.
- Ask the store employee for their reason for the detention.
- Document everything afterward: names, time detained, and any witnesses.
- Contact an experienced criminal defense or civil rights attorney to evaluate your case.
Final Thoughts
Shopkeeper’s privilege is not a license to act like the police. It’s a narrow exception that must be used carefully. If you’ve been detained unlawfully in a Maryland store—or if you’re a store owner facing a legal claim—contact Southern Maryland Criminal Defense for experienced legal guidance.
We proudly serve clients throughout Prince George’s, Charles, Calvert, and St. Mary’s Counties, and we’re here to protect your rights—whether you’re the accused or the accuser.
Need Legal Help?
If you were detained in a store and believe your rights were violated, or if you’re a business owner seeking to understand your responsibilities, schedule a free consultation today.
