What must a merchant reasonably believe to detain someone for suspected theft?

A merchant must reasonably believe that an individual has not paid for goods or is attempting to steal in order to detain that person for suspected theft. This belief acts as a crucial foundation for the merchant's right to detain under the statute known as the "merchant’s privilege." It allows a merchant to detain someone for a reasonable period to investigate whether theft has occurred, provided that the belief is grounded in reasonable facts or circumstances observed by the merchant.

This reasonable belief encompasses the scenario where the merchant sees someone concealing merchandise or quickly skipping the checkout line without making a purchase. The merchant's right to detain is not meant to punish the individual but rather to prevent ongoing theft and secure shoplifting evidence.

Other scenarios described, such as the presence of dangerous items or prior criminal history, do not directly relate to the act of shoplifting as defined under applicable statutes. Similarly, entering a store without permission pertains more to trespassing and does not provide grounds for detaining someone for theft unless there is reasonable evidence of an intent to steal or theft in progress. Thus, the requirement that the merchant believes the individual has not paid or is attempting to steal directly aligns with the legal privileges granted to merchants in these situations.