Shoplifting

• The Omaha Police Department (OPD) aims to ensure timely and accurate investigation of shoplifting complaints

Incident Assessment

• Upon arrival, officers must assess the situation
• Establish probable cause for arrest
• Arrest, handcuff, and thoroughly search suspects
• Shoplifters might carry weapons, so thorough searches are essential
• Determine if a felony or misdemeanor booking is required or if a criminal citation is warranted
• Determine how many officers are needed for handcuffing and searching
• Whenever possible, have two officers present for handcuffing and searching

Crime Class Determination

• The primary officer should check for prior theft convictions and warrants
• Felony shoplifting arrests are governed by Nebraska Revised Statute (NRS) §28-518 “Grading of Theft Offenses."
• Class IIA Felony: Theft of $5,000 or more
• Class IV Felony: Theft of $1,500 or more but less than $5,000
• Class I Misdemeanor: Theft of more than $500 but less than $1,500
• Class II Misdemeanor: Theft of $500 or less
• Determine the number and crime class for previous theft convictions

Prior Convictions

• A prior Class I Misdemeanor theft conviction, when combined with a current shoplifting charge of $500-$1,500, results in a Class IV Felony charge
• A prior Class II Misdemeanor theft conviction, when combined with a current shoplifting charge of $500 or less, results in a Class I Misdemeanor charge
• Two or more prior Class II Misdemeanor theft convictions, when combined with a current shoplifting charge of $500 or less, results in a Class IV Felony charge
• Prior convictions can only enhance penalties if they occurred within ten years of the current offense
• NRS §28-518 subsection (5) covers second or subsequent convictions for theft of $500-$1,500, resulting in a Class IV Felony
• NRS §28-518 subsection (6) covers second convictions for theft of $500 or less is a Class I Misdemeanor, and third/subsequent convictions is a Class IV Felony
• Prior convictions do not need to be the same type of theft to enhance a penalty
• Theft convictions under state statutes can be enhanced, but not those under city ordinances

Convictions from Other Jurisdictions

• A prior Nebraska state theft conviction from another Nebraska jurisdiction can be used to determine the appropriate crime class
• When citing a conviction from another Nebraska jurisdiction, provide as much information as possible to the County Attorney about the conviction, including date and county

Alternative Reporting for Misdemeanor Shoplifting

• Many merchants have their own established procedures for misdemeanor shoplifting cases in their establishments
• Ensure evidence is photographed or documented via BWC
• Confirm suspect identification
• Obtain records/data checks on suspects to determine prior convictions for felony offenses
• Physical booking is required if applicable
• Arrest and book suspects with outstanding warrants on warrants and theft charge
• Obtain a Records Bureau (RB) Number
• Issue a citation or book the suspect
• Submit an OPD Incident Report with the RB number and citation number (if applicable) in the narrative
• Leave citation copies (if any) and evidence photos with store security/loss prevention personnel, and notify them of the RB number
• Handle citation copies (if any) and/or booking paperwork per OPD policies and procedures

Misdemeanor Booking

• Suspects arrested for misdemeanor shoplifting offenses may be booked when reasonable cause exists
• Document the specific facts and circumstances relevant to reasonable cause
• Contact a field sergeant or duty sergeant to get authorization before booking any suspect
• Reasonable causes for booking include:
  • Failure to satisfactorily identify oneself
  • Reasonable belief the accused will not respond to the citation
  • Accused has no ties to the jurisdiction sufficient to assure a court appearance
  • Accused previously failed to appear in response to a citation
  • Reasonable belief booking is necessary to protect the accused or others, or suspect's continued liberty would constitute a risk of immediate harm
  • A fight or disturbance involving store security or police occurred during the arrest, further charges should be initiated if applicable
• Officers may detain suspects reasonably to recover unlawfully taken items

Handling Shoplifted Property

• Thoroughly document identifying information about the shoplifted merchandise in reports, including make, model, serial number, identifying marks, and approximate value
• Document the time, date, and location of the shoplifting (NRS §28-511.01)
• Document the names, contact information, and employment positions of the person(s) from the business and any witnesses spoken to (NRS §28-511.01)
• Document recovered merchandise (i.e., evidence) via a marker on BWC recording (NRS §28-511.01).
• Ensure capture of the totality of recovered property when using BWC
• Officers can send an Axon Community Request link to the business representative to collect photographic evidence
• The business maintains recovered merchandise
• The business is responsible for maintaining the chain of custody and presenting the merchandise to the court at the time of trial
• If a suspect has property not recognized by the business, and officers develop probable cause or reasonable suspicion (Nebraska State Constitution – NSC §1-7) that the property may have been stolen from a different business and/or citizen, book the items into the OPD Evidence and Property Unit (EPU) per OPD policies and procedures
• Document specific reasons for taking the property and booking it into EPU in reports (NRS §28-511.01)
• If the suspect possesses property with a spider wrap anti-theft device, document this detail in the report(s) as potential evidence it was stolen from a different business
• Document suspected stolen property via a marker on BWC recording, when feasible, prior to booking the property into EPU (NRS §28-511.01)
• If officers cannot develop probable cause or reasonable suspicion, but still believe the property may be stolen, document the property via a marker on the BWC recording and thoroughly document the property in their report(s), but do not book it into EPU
• Refer to the CIB Operations Manual for more details on handling shoplifted property

The Omaha Police Department's (OPD) policies for shoplifting investigations, including incident assessment and determining crime class, are outlined in this guide. It emphasizes officer safety, probable cause, suspect apprehension, and adherence to Nebraska Revised Statutes (NRS) §28-518.