The following is taking place in Michigan. You are an officer and you receive a call to go to Meijer for a shoplifter. Shoplifting, otherwise known as retail fraud, is a 93 day misdemeanor. You arrive and find Julie Smith who you identify by her driver’s license. Julie is crying and gives a full confession admitting she was stealing the vodka because she did not have enough money to purchase it. You also view a video showing Julie putting a bottle of vodka in her purse. Should you arrest her and take her to jail based on these facts?
- Only if her confession was in writing
- It depends on what Julie’s intent was
- No, you should issue her a citation in lieu of arrest
- Yes, you have probable cause
The correct answer and explanation is:
Correct Answer: Yes, you have probable cause.
Explanation:
In Michigan, retail fraud (shoplifting) is a misdemeanor offense, and law enforcement officers must determine whether there is probable cause to make an arrest. Probable cause exists when there are reasonable grounds to believe a crime has been committed.
In this case, several factors establish probable cause:
- Julie’s Confession – Julie openly admitted to stealing the vodka because she could not afford it. While a written confession could serve as stronger evidence in court, it is not required for probable cause. Her verbal admission strengthens the case against her.
- Video Evidence – You reviewed security footage that clearly shows Julie placing the bottle of vodka in her purse, corroborating her confession.
- Physical Evidence – The vodka bottle itself, if recovered, serves as further proof of the crime.
- Intent – Julie’s reason for stealing (lack of money) confirms that she knowingly took the item without paying. In Michigan, retail fraud does not require proof of permanent deprivation—only that the person took the merchandise without paying.
Arrest vs. Citation:
While Michigan law allows for citations in lieu of arrest for certain misdemeanors, shoplifting cases often result in an arrest, especially when clear evidence exists. Officers have discretion, but since retail fraud is a theft-related offense, many jurisdictions prefer an immediate arrest to prevent further incidents.
Conclusion:
Given Julie’s confession, video evidence, and intent, there is sufficient probable cause to arrest her. A citation may be an option in some cases, but an arrest ensures she is processed appropriately, and the case can proceed through the legal system.
Here is the image depicting the police officer detaining Julie Smith for shoplifting at Meijer. Let me know if you need any modifications or further details!
