Definitions
Agency: A relationship wherein one party is empowered to represent or act for the other under the authority of the other. Agency means more than tacit permission; it involves a request, instruction, or command. There are three types of agency relationships: principal and agent; master and servant; and proprietor and independent contractor. See the section titled “Legal Considerations.”
Alpha negative file: A file consisting of either 3 × 5-inch cards or a computerized listing of the names of known “bad guys,” such as known shoplifters, dishonest employees, fraud artists, bad check passers, etc.
APO: Asset Protection Officer.
APM: Asset Protection Manager.
APS: Asset Protection Specialist (same as APO).
Assault/battery: Unconsented to or unprivileged physical contact or privileged contact which becomes unreasonable. Note: Assault and Battery may also be a crime.
Auras (guilt auras): There is a belief, especially among long-time loss prevention professionals, that some agent practitioners can “see” or “sense” a guilt “aura” radiating around someone in the store who is in the process of shoplifting (or employee about to or is engaged in theft). It’s that aura which attracts the attention of the LP agent. Consider this: How does a floor agent pick through hundreds or thousands of customers who shop or appear to shop in the store each day and pick out that one person who ends up stealing? One answer: Auras. And consider this: Why do some agents excel in detecting shoplifters while coworkers struggle to make a detention? One answer: The former can sense auras and the latter can’t.
Persons engaged in the crime (or for that matter, any evil deed) often fear their state of guilt is detectable and that makes them uneasy. That uneasiness is what makes them so “goosey” or hyper, and they dump so quickly, hence the “Oh Shit Syndrome.”
Bad stop: A detention of a suspected shoplifter wherein no stolen merchandise is found to be in the possession of the suspect. See also NPD.
Bait: The piece of currency or other item which has been secretly marked (usually with an ultraviolet pen) and made available when similar items have disappeared through theft and theft is suspected. If possible, a covert CCTV camera should be aimed at the bait so that, if taken, a recording is made and the bait can be identified by the ultraviolet markings.
Battery: The unconsented to or unprivileged contact or privileged contact which becomes excessive or unreasonable. Note: This may also be a criminal offense.
Book/booking: The police process of removing the shoplifter or detainee from the store, transporting such person to the police station, and subjecting the party to the formal process of being admitted to temporary custody, pending bail or release.
Booster: A slang term used to describe shoplifters. Some LP professionals limit this term to refer only to shoplifters who are involved with organized theft rings or ORT; others use the term more generically.
Boosted: A slang term to used to describe merchandise which has been stolen.
Booster equipment: Implements or gadgets used by shoplifters to assist them in concealing shoplifted merchandise. Following are examples:
• Booster Bags: Normally shopping bags lined with duct tape or aluminum foil to defeat EAS tags.
• Bloomers: Women’s bloomers, tied off at the knees, with a flexible elastic waistband. Shoplifted goods can be dropped into the bloomers, and the women’s skirts conceal the presence of the merchandise.
• Boxes: Medium to large cardboard boxes tied with string or wrapped in brown paper or gift wrapping. The box has a spring-loaded side (trap door) which permits the entry of stolen merchandise, after which the trap door closes, giving the appearance of a wrapped package.
• Cages: Hollow cages which can be worn by women to give the appearance they are pregnant. Stolen merchandise is then concealed in the hollow cage.
• Coats: Loosely fitting top or trench-like coats with hidden pockets sewn inside the coats for the concealment of shoplifted merchandise.
• Girdles: These items work much in the same way as booster girdles.
• Purses: Women’s purses that have been modified much like booster boxes. Use of a booster purse permits surreptitious placement of merchandise into the purse by placing the purse over the item to be stolen. By appearing to be looking for an item in the purse, the shoplifter secures the stolen item in her purse and makes sure the bottom of the purse is back in place. Theft with this device is virtually impossible to detect.
Note: The use of any of these “booster devices” will normally raise the level of the theft to that of a felony.
Breakage: Merchandise that has been broken beyond either repair or salvage and is segregated for disposal and financial write-off. Breakage occurs most frequently in glassware, china, and crystal departments.
Burglary: Any entry into or remaining in a building or vehicle with the intent to commit a crime. Hence, a person who enters the store (building) with some form of booster equipment and uses such equipment or device to conceal or steal merchandise is viewed as a burglar. Burglary is a felony in most jurisdictions.
Burn: A term used by loss prevention personnel to describe their making their presence known to shoplifters with the hoped-for result that they will “dump” the stolen merchandise.
Burned: This term is also used by police and investigators when conducting surveillance to indicate that the subject of the surveillance has discovered their presence. The term used in this way has the same meaning as saying, “We’ve been made,” meaning our presence is known.
Bust: A slang term meaning to make an arrest.
Busted: A slang term meaning arrested.
Chain of custody: See the section titled “Evidence.”
Cite/citation: The process in which a police officer responds to a store with a shoplifter or other offender in custody and such officer issues a citation requiring the offender to appear in court at a specified time, similar to a traffic citation. This action is taken in lieu of transporting the detainee to the police station and undergoing the formal booking procedure.
Claims: Merchandise scheduled to be returned for credit to the vendor because it was damaged and/or made unsaleable prior to receipt by the retailer. Claims are generally placed in a different financial category than RTVs for stock balancing purposes. See also Salvage for more information about claimed goods.
Cloning cards: See the section titled “Gift Card Fraud.”
Collar pin lock: A lock for use on fifth-wheel tractors to prevent the unauthorized “hooking up” and theft of trailers. Collusion: The making of a secret agreement with another person to commit a crime or some other illegal act.
Conspiracy: When two or more persons agree to commit a crime or an illegal act and do some overt act in furtherance thereof.
Compensatory damages: The combination of special and general damages; they compensate the plaintiff for his or her injury.
“Cooperative unbroken chain of surveillance”: See Uninterrupted surveillance.
Coops: A term used (mostly on the East Coast) meaning a hidden observation post for the surreptitious surveillance of shoplifters.
“Constructive unbroken chain of surveillance”: See Uninterrupted surveillance.
Course and scope of employment: See the section titled “Legal Considerations.”
CRA: Consumer Reporting Agency. See the section titled “Pre-employment Screening.”
Crotching: The act of female shoplifters wherein they place merchandise between their thighs, concealed by a flowing skirt, and have the ability to walk out of the store with the merchandise between their legs.
Daisy chain: A procedure under which, by prearrangement, one person (normally by phone) warns two others of a given circumstance, those two persons each call two others, and so forth until all persons in the “chain” have been contacted.
Databases (investigative): Sources of data (such as arrest/conviction records, addresses, employment history, etc.) available on the Internet and used for background investigations. See the section titled “Pre-employment Screening” for cautions on use.
Damages: Money awarded by a court to redress or make whole an injured party to basically put him or her in the position he or she was in before the injury or damage. See Compensatory damages, General damages, Punitive damages, and Special damages.
Decoy: An accomplice of a shoplifter who is sent into the store to attract attention and/or distract employees and draw them away from the area where the shoplifter intends to commit the theft.
Defamation (libel/slander): Written or spoken words that tend to damage another’s reputation. Defenses: Truth, Privileges (Qualified and Absolute).
Demands to produce documents: Demands, made in discovery, to produce documents are written requests to a party to produce documents so they can be examined by the other side. The documents are due on the date stated in the demand.
Deposition: A method of pretrial discovery that consists of a stenographically transcribed statement, taken under oath, of a witness in response to an attorney’s questions with opportunity to be cross-examined by opposing attorneys.
Discovery: A pretrial procedure by which one party gains or is given pertinent information held by the opposing party. There are different methods of gathering information in a case to prepare the case for trial. These methods, which include depositions, interrogatories, demands to produce documents, requests for admission, and site inspections, are collectively referred to as “discovery.”
Discovery motions: If the parties disagree on what constitutes proper discovery, or if a party fails to respond to a proper discovery request, a motion may be brought to compel responses or further responses. If a party is abusing the discovery process to harass the other side, or is demanding information which is privileged or otherwise protected from disclosure by law, the responding party may bring a motion for a protective order. Sanctions can be imposed for discovery abuse.
Ditch: A slang term meaning when something (normally stolen goods) is surreptitiously thrown away or disposed of.
DAPM: District Asset Protection Manager.
DLPM: District Loss Prevention Manager.
Dump: The act of a shoplifter who, before leaving the store, believes the theft has been detected and secretly or overtly discards or abandons the stolen property somewhere in the store.
EAS: Electronic Article Surveillance (EAS) systems or tags. Detachers used to remove EAS tags from protected merchandise should be kept in a secure manner to prevent their theft and subsequent illicit use in assisting shoplifters to remove EAS tags.
EEOC: Equal Employment Opportunities Commission. See the section titled “Pre-employment Screening.”
Eighty-six (86): To trespass, eject, and/or deny access to a given establishment, such as a store or casino. For example, “86 him/her” means to eject or deny access.
Enjoin: A court’s authority to command, instruct, or restrain.
Entrapment: The act of inducing a person to commit a crime not contemplated by him or her, for the purpose of instituting a criminal prosecution against that person. Put another way, it is suggesting to or enticing a person to commit a crime which he or she initially had no intention to commit for the purpose of then arresting and prosecuting that person for that crime. It is not entrapment merely to provide an opportunity for a person to commit a crime which he or she then independently takes advantage of to commit a crime.
False Imprisonment/Arrest: The intentional, unjustified detention or confinement of a person (imprisonment); unlawful restraint of another person’s liberty or freedom of locomotion (arrest). Note: This may also be a criminal offense.
FCRA: Fair Credit Reporting Act; a federal law. See the section titled “Pre-employment Screening.”
Felony: A generic term employed to distinguish certain high crimes from minor offenses known as misdemeanors; felony crimes are punished by imprisonment in a state prison for more than 1 year or by death.
Fences: Persons who deal in stolen merchandise. Fences generally buy stolen merchandise from the original thief for 20–25% of its original value and then sell the goods to another fence or, in some cases, to wholesalers who repackage/remark the goods and then sell them to unsuspecting (or perhaps suspecting) retailers at bargain prices.
FIFO: First In, First Out, referring to how inventory is distributed.
Fitting room (dressing room): A room (or a room within a bank of rooms), usually immediately adjacent to the selling floor, designed to provide privacy for customers wishing to try on merchandise prior to purchasing it. Because of the privacy fitting room provides, it is a popular place for shoplifters to use to conceal and steal merchandise.
FRC: Fitting Room Checker. An individual stationed at the entrance to a bank of fitting rooms whose purpose is to control access to the rooms. Frequently, this function includes counting the garments going in with individual customers and limiting that number to one specified by management. In some cases, the FRC will issue a colored disk containing a number which represents the number of garments taken into the fitting room; this number is then compared with the number of garments brought out by the customer, assuring that no garments are unaccounted for. FRCs may also be assigned the job of checking the fitting rooms periodically to be sure they are empty and that any garments found in them are returned to the selling floor.
FTR: Failure to Record. See the section titled “Cash Register Manipulations.”
FTR: Failure to Remove (an EAS tag).
General damages: Compensation awarded to “make the Plaintiff whole”; these are the monies awarded to compensate for pain and suffering, emotional distress, mental anguish, loss of consortium, etc. See the section titled “Legal Considerations.”
Ghost employees: People who do not exist but are paid through a fraudulent manipulation of payroll records.
Grab and run: A theft wherein the thief runs in the store and grabs a quantity of merchandise (often preselected and positioned) and immediately runs out of the store, usually to a waiting vehicle driven by an accomplice.
Graphology: The study of handwriting with the purpose of analysis to determine character traits and honesty.
Grazing: Consuming of foods items while customers are shopping; thus, when they reach the checkout counter, they have less than they originally had. Since they pay for the lesser amount, they not only create a shortage for the merchant, but in effect have stolen the quantity they consumed.
Gross margin: The amount, generally reported as a percentage, of the difference between the cost of an item and its selling price. Gross margin influences but does not represent profit, since others items, such as taxes, overhead, etc., must be deducted before profit is determined.
Guiding force: The degree of force, described in many LP manuals, permitted when apprehending shoplifters. The term “guiding force” means the agent is restricted to simply using his or her hand on the suspect’s elbow or upper arm to “guide” the suspect into the store and to the LP office.
Heist: A slang term meaning to steal (lift).
Holding force: That level of force which is minimally required to return a shoplifting suspect to the store.
Hook ‘em (up): A slang term meaning to handcuff someone.
Ink tags: A benefit denial tag. See the section titled “Electronic Article Surveillance.” Interrogatory/interrogatories: Written questions posed in discovery to a party which require a written response. There are form interrogatories for use in civil cases; however, parties can draft supplemental interrogatories, generally called “special interrogatories.”
In a civil action, a pretrial discovery tool in which one party addresses written questions to the opposing party, who must reply in writing under oath.
Invasion of privacy: Invading someone’s reasonable expectation of privacy. Invasion of privacy is a tort for which a violation may subject the violator to a civil suit and, under certain conditions, a criminal charge.
Inventory shortage: The difference between the dollar value of merchandise a retailer shows on book stock and that actually on hand as shown by a physical inventory. Shortage is usually expressed as a percentage of sales. Stated differently, “inventory shrinkage” (or “inventory shrink” or “inventory shortage”) is the difference between book inventory (what the records reflect the retailer has) and actual physical inventory as determined by the process of taking an inventory of goods on hand (what the retailer counts and knows he or she actually has).
For example, if our records reflect we purchased 100 bottles of wine, if our sales records reflect we sold 60 bottles, and if our inventory of actual bottles on the shelf reflects we have 35 bottles, we have 5 bottles unaccounted for, amounting to an inventory shortage of 5 bottles or 5% shrinkage in wine, usually reported as a percentage of dollars of shrink at retail as a percentage of total sales. We don’t know what happened to those missing 5 bottles.
If, during the night, someone breaks through the skylight in the ceiling and steals 40 bottles, we know they were taken, and hence their absence is not a mysterious or otherwise unexplained disappearance but is considered a known loss. Nevertheless, it is considered shrinkage unless and until it is accounted for financially as something other than shrink.
When the Crime Doesn’t Affect Inventory Shrinkage
Our example of the nighttime burglary clearly is one crime which, while initially affecting inventory shrinkage, may eventually be financially accounted for in another category (e.g., known losses replaced by insurance or carried on the books as separate from shrinkage). The store suffers, by virtue of being victimized by a burglar, exactly the same loss, but the loss caused by the burglar is really more easily managed because we know how that loss occurred. Depending on how known losses are carried on the books determines whether they are included in inventory shortage.
Say the sale of the 60 bottles was recorded on a POS terminal or cash register, and at the end of the night the cash, checks, and credit card receipts were placed in a bag in anticipation of making a bank deposit the next morning. During closing, a man enters, produces a gun, and demands the bag. In this case, the loss is certainly real, but such loss would never be reflected in the year’s inventory shortage, since the merchandise can be accounted for, and the theft of cash would be reflected in another financial account, but not as inventory shrink.
If the sale of the 60 bottles was handled by an employee who rang the sale but failed to put the money in the register and pocketed the money, the store again has no inventory shortage, only a shortage of cash. Cash shortages have nothing to do with inventory shortages. But if the same sales associate did not record the sale, but just pretended he handled the transaction correctly and pocketed the cash, we would have no cash shortage but would have an inventory shortage!
King pin lock: A lock for use on fifth-wheel tractors to prevent the unauthorized “hooking up” and theft of trailers.
LIFO: Last In, First Out, referring to how inventory is distributed.
Libel: Written words that tend to damage another’s reputation. See the section titled “Legal Considerations.”
Loan books: Books kept in departments (or, in smaller stores, at a central location) into which are recorded merchandise removed (signed out) from the department for display, photography, or other purposes and which are “signed in” when the merchandise is returned. Loan books are a merchandise and inventory control device.
Loss reports: Reports prepared in stores by LP or other approved persons to account for known losses (theft, breakage, spoilage, etc.). Such reports are the basis for removing the dollar amount of such losses from the financial inventory records so they do not reflect such amounts as shortage.
Malicious prosecution: Prosecution (civil or criminal) with malice (evil intent). To succeed, prosecution must have resulted in verdict for defendant and prosecution initiated without probable cause.
Merchant’s privilege: Laws on the books in all 50 states plus the District of Columbia relating to shoplifting and the merchant’s right to detain suspected shoplifters when certain preconditions have been met. Many of these statutes provide varying degrees of legal protection from civil suits by persons detained if the merchant acted legally and reasonably under the circumstances prevailing.
Mid (transaction) void: A voided sale or portion of a sale voided during the sales process and before the transaction has been totaled and fully recorded in the register or terminal. Such midtransaction voids are often explained by “customer changed mind.”
“Mirandize”/Miranda Warning: The legal requirement for public sector law enforcement personnel to advise a suspect of his or her rights. Private sector agents (security or loss prevention employees) are not bound by this requirement unless acting as “agents” of the police.
Misdemeanor: A criminal offense less serious than a felony and sanctioned by less severe penalties including imprisonment in a jail for 1 year or less, or a fine.
MO: Modus operandi (Latin), meaning the method of operation. The means by which a criminal accomplished a crime.
Negligence: -See the section titled “Legal Considerations.”
NPD: Non-Productive Detention; a detention in which the person detained is found not to have any stolen merchandise. See also bad stop.
Observation post/platform: A place for the surreptitious observation of the selling floor and/or shoplifters. Two-way mirrors and heating and air-conditioning vents are used for viewing of the selling floor.
Palm: To surreptitiously conceal a small item of merchandise in one’s hand with the intent to shoplift or steal such item.
Pass Off: The passing of stolen merchandise from one person to another; normally done thinking the pass-off will not be seen and the original thief will no longer have possession of the stolen merchandise when detained.
POS: Point of Sale, referring to a physical location, but more generally an electronic or computerized piece of equipment to record sales and which is the modern equivalent of the cash register.
Post (transaction) void: A void made after the entire transaction is completed and recorded; the sales associate at a later time voids the sale and offers an explanation such as “customer lacked enough money.”
Probable cause: The reasons considered sufficient in themselves to warrant a reasonable person to believe that an offense has been committed or is being committed by the person to be arrested when the facts and circumstances are known to the arresting person.
PTZ: Pan, Tilt & Zoom, referring to the actions possible from CCTV camera lenses with this capability.
Punitive damages: Compensation awarded when the plaintiff can establish that the defendant was grossly negligent, wanton, or was motivated by malice. Punitive damages are designed to punish and/or set an example to others to avoid such conduct. -See the section titled “Legal Considerations.”
Ratification: If an employee commits a tort and the employer, upon learning of it, doesn’t take appropriate corrective action, which many will argue means termination, then the employer may be said to have “ratified” or approved of the act, and the employer is therefore just as liable as if the employer had directed or committed the tort. See the section titled “Legal Considerations.”
Requests for admissions: Such requests, made during discovery, can ask that a party admit certain facts or admit to the authenticity of certain documents. If the party who receives the request for admissions fails to respond on time, the party who sent the requests can bring a motion to have the requests deemed admitted.
Respondeat Superior: A legal doctrine which holds that an employer (principal) is vicariously liable for the acts and omissions of its employee (agent) committed “within the scope of employment,” but not generally liable for acts committed outside the scope of employment. The primary questions which determine if the employee was within or without the “scope” are as follows: Did the employer benefit from the act of the employee, and/or was the employee acting under the authority or direction of the employer? See the section titled “Legal Considerations.”
RAPM: Regional Asset Protection Manager.
RDAP: Regional Director of Asset Protection.
RDLP: Regional Director of Loss Prevention.
Red coats: The nation’s initial pure “loss prevention” program in which the majority of security employees were outfitted in red blazers (bearing a gold cloth “security” patch). They patrolled the selling floor, highly visible, making eye contact with as many customers as possible, creating awareness of security’s presence, hence discouraging or “burning” would-be thefts.
RLPM: Regional Loss Prevention Manager.
Robbery: The felonious taking of property from the person of another by violence or by putting him or her in fear.
Salt/Salting: An investigative/audit technique wherein the surreptitious addition of cash or merchandise is performed to determine if, when, and by whom the overage of cash or goods is reported.
Surreptitiously adding cash to a cash register or POS terminal, or a bundle of bills or a cash drawer in a cash vault, is a means of testing how well procedures are being followed, and if, when, and by whom the additional cash (an overage) is reported. No report coupled with a balanced cash condition indicates that the added cash has probably been stolen.
The same technique can be used with merchandise by surreptitiously adding one or more garments or other merchandise to a shipment, without adjusting the count on the paperwork, to determine if extra goods are discovered and reported. The same test can be conducted by lowering the count of goods shown on a manifest or transfer document (thus creating an overage of merchandise vis à vis the documented count) to see if the overage is reported.
Such techniques are great for occasionally testing the system and/or for use as an investigative tool when theft is suspected.
Salvage: Merchandise which has been broken, damaged, or otherwise made unsaleable and is scheduled to be discarded and written off the books. It is important that a careful inventory is made of salvage goods and that their value be removed from the book stock inventory to prevent such goods from creating a shortage. Salvage goods are viewed as junk, and there are “junk” or “salvage” dealers who come in and truck this “junk” away. Care must be taken to ensure it is, in fact, junk. We’re aware of an interesting case in which expensive leather purses from Spain were damaged by rain while in transit to the distribution center. Some of the purses were kept, but the majority appeared damaged. A claim was processed, but the vendor in Spain paid it but did not want the goods shipped back there. The bulk of the shipment, now removed from book inventory, was sent from Claims to Salvage. The salvage dealer discovered that many of the purses had not been damaged and were as good as new. He sold the purses to a “salvage store” where “distressed goods” were offered to the public. In this kind of store, the public may purchase grocery items, like canned food at bargain prices because the cans are dented or otherwise unattractive in a first-line store. Suddenly, the original department store found itself “buying” back the purses from customers who claimed they received the purses as gifts or refunding their purchase because they changed their mind, etc. Clearly, customers saw an opportunity to purchase the undamaged purses at $10 and return them to the department store for $100.
One way to avoid this problem or at least reduce its frequency is to inspect “salvage” goods and, if deemed possibly saleable, make their status obvious. One technique is to cut out the labels in garments. We are aware of another case in which store-branded merchandise was being sold in a “distressed merchandise” store, which triggered an investigation only to discover the sales were legitimate but the labels had not been removed.
Shield: A person or the act of a person who deliberately blocks the view of any person who could observe an act of shoplifting being committed by a confederate. This blocking or “shielding” may be achieved by the positioning of one’s body or by holding up and/or positioning merchandise, e.g., holding up a coat as though examining its size, behind which the accomplice slips merchandise into a shopping bag.
Shrink: Slang and abbreviation for the word “shrinkage,” such as “inventory shrinkage.” See Inventory shortage.
“Simple uninterrupted surveillance”: See Uninterrupted surveillance.
Site inspections and physical examinations: A party can demand that another party make a property available for inspection when the property or some par” of it is the subject matter of a case. A party can also require a person to undergo a physical or mental examination if the person is claiming injuries of a physical or mental nature. These requests are made during discovery.
1. You must maintain an uninterrupted surveillance to ensure that the suspect doesn’t dispose of the merchandise.
2. You must see the suspect approach the merchandise.
3. You must see the suspect fail to pay for the merchandise
4. You must see the suspect take possession of the merchandise.
Skimming: See the section titled “Gift Card Fraud.”
SKU: Stock Keeping Unit; a unique number applied to a specific piece or style of merchandise for both inventory and financial accounting purposes. For example, the SKU would differ between Motorola and Panasonic headphones of similar electronic characteristics, as well as between Motorola headphones of different electronic specifications.
Slander: Spoken words that tend to damage another’s reputation. See the section titled “Legal Considerations.”
Slide (sliding): The act wherein the cashier moves some merchandise past the register without the recording of the price as a sweethearting strategy.
Source tagging: The process of affixing Inventory control tags (EAS tags) to merchandise at the point of manufacture rather than relying on the retailer to tag such merchandise.
Many hard-good items which are packaged in hard plastic are sourced tagged; for example, men’s razors and blades, photo products (film), electronic items, and costume jewelry items such as watches. Generally, the EAS tag is concealed within the packaging.
RTW items are not yet the target of source tagging because of the variety of places different retailers prefer the tag to be located and the potential for damage to the goods during transit. Various EAS manufacturers are working on developing an EAS “trigger” that can be incorporated into a garment label and that would require no removal (only deactivation and desirably reactivation if goods are returned and resaleable) at the point of sale. We predict such tags will be available before the end of the decade.
Special damages: Compensation awarded to replace actual out-of-pocket expenses of the plaintiff; e.g., medical bills, lost wages, attorney fees, etc.
SSN: Social Security number. By using the following chart, you can identify the state in which a SSN was issued. This information can be useful when reviewing applications for employment since an SSN issued from a state in which the applicant shows no residence or employment can indicate potential fraudulent information and provide a point of further investigation.
Social Security numbers by area: The following chart includes the complete listing of assigned numbers for the Social Security Administration by state. By checking the first three numbers of Social Security number, you can determine the issuing state. This information is useful in verifying applications.
Subpoena: A writ commanding a person to appear under penalty. It is used to compel the testimony of witnesses in a trial or other adversarial proceeding.
Summary Judgment: A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.
Subliminal messages: The technique of broadcasting messages which are not discernable as such but which are buried in the background and are (some claim) absorbed by the mind. In the visual realm, photos are shown in very brief flashes which prevents them from being seen by the eye, but (some claim) the image is absorbed by the mind.
The use of subliminal messages broadcast over the store’s public address or “music” system is highly controversial, and its effectiveness has not been proved. Its controversial aspects rise from its perception by many people as a mind-altering technology that can be used for purposes other than to prevent shoplifting. For example, if subliminal messages are effective at deterring shoplifting, then why not use it to encourage shoppers to make more purchases? Because subliminal technology cannot consciously be perceived by those exposed to it, the potential or abuse is always present.
Aside from little data on its effectiveness, the most troubling aspect of subliminal technology for the retailer is perhaps the adverse publicity that might result should the public become aware of its use. Subliminal messages are mentioned here in the interest of thoroughness. It is an available technology, but we make no recommendation or claim for its effectiveness or appropriateness.
Sweethearting: The failure of a cashier to ring up or charge for items presented by friends or relatives when presented for payment.
Testers: Samples, usually of cosmetic items (perfumes, scents, fragrances, etc.), provided by the vendor or manufacturer to enable customers to “sample” the product. Testers are usually displayed on counter tops. Should someone shoplift a tester, we suggest they should not be arrested or referred for prosecution. While testers have an intrinsic value which validates the initial detention, they do not have a retail value in terms of actual shortage. The same rules suggested for testers would also apply to the theft or total consumption of candy or other food items available for customer sampling, an act often engaged in by homeless or other indigent persons.
Testimony: A statement made under oath by a witness or oral evidence given by a witness under oath in a trial or legislative proceeding.
Tort, intentional: See the section titled “Legal Considerations.”
Tort, unintentional: Negligence. See the section titled “Legal Considerations.”
Tortious infliction of emotional distress: Intentionally and maliciously inflicting emotional distress on another. See the section titled “Legal Considerations.”
Tortious interference with employment: Maliciously interfering with the employment of another. See the section titled “Legal Considerations.”
Trojan horse: A term used to describe an observation post. See also Observation post/platform.
Under-ring: The intentional misringing of an item or total sale, typically by an even amount such as $10 or $20 but nonetheless charging the customer the correct or full price and keeping (stealing) the amount not rung or recorded. That cash theft is not reflected as a cash shortage in the audit process but would reflect an inventory shortage. The best means of preventing under-ringing is to require that every customer receive a receipt for his or her purchase.
1. “Simple uninterrupted surveillance”: The most common surveillance in which one person observes the taking and eventual removal of merchandise out of the store without paying for it.
2. “Cooperative unbroken chain of surveillance”: The coordinated effort of two or more agents using CCTV and radio communication in which all “six steps” required for a detention are satisfied.
3. “Constructive unbroken chain of surveillance”: This type of surveillance typically involves thefts which occur in private locations such as fitting rooms. In this case, the agent observes the person enter and exit, but an item taken in is not present when the person exits, and the item is not left behind in the room or otherwise disposed of; The only logical conclusion any reasonable person can draw is the subject must have possession of the item hidden on his or her person.
Void: Removal of the amount received from a sale from inclusion in the gross sales total for a cash register sale (either mid-transaction or post-transaction). See the section titled “Cash Register Manipulations.”
VSO: Visible Security Officer.
Wardrobing: The purchase of merchandise for the purpose of wearing or using it for one occasion and then returning it for a refund. Normally, this type of fraud involves high fashion garments or expensive jewelry purchased for one-occasion social events.
Zoom: The ability of a photographic or CCTV camera lens to (bring in closer, thus magnifying, the image being photographed.