Lesson 8 of 12
Scenario B: Broken Continuity
Scenario B: Broken Continuity
The Situation
You are tracking a subject who has completed Steps 1 through 3 — you personally observed them enter the store, select a designer jacket valued at $285, and conceal it inside a large shopping bag.
The subject moves through the store. They walk behind a tall freestanding display unit. You lose visual contact for approximately 10 seconds. They emerge on the other side and walk directly to the exit, passing all checkout counters without attempting to pay.
The subject is now stepping through the final exit doors.
Scenario
Critical Decision Point
Steps 1, 2, 3, and 5 are confirmed. The subject passed all checkouts without paying.
However, you lost visual contact for 10 seconds behind a display unit — Step 4 (Continuity) was broken.
The subject is now at the exit. Do you make the arrest?
Yes — I observed the concealment. I am confident the item is still on them. I make the arrest.
Incorrect Decision — This Is a False Arrest
Although Steps 1, 2, 3, and 5 were completed, Step 4 (Continuity) was broken when you lost visual contact for 10 seconds.
You cannot prove the concealed item is still on the subject at the moment of arrest. No matter how confident you feel, that 10-second gap is a legal vulnerability that cannot be overcome.
By proceeding:
The subject's defence will challenge the arrest on broken continuity grounds
Your employer faces a civil lawsuit for false arrest and unlawful detention
You may face personal liability and a PSISA complaint
Any criminal charges will likely be dismissed — even if the item was still there
The Gold Rule admits no exceptions. Abort — every time.
No — continuity was broken for 10 seconds. I abort the arrest and document the incident for management.
Correct Decision — Arrest Aborted
You made the right professional call.
During those 10 seconds behind the display, the subject could have dropped the jacket, returned it to a rack, or passed it to an accomplice. You cannot prove the item is still on their person — and that proof is required for a lawful arrest under Section 494.
Proceeding would expose you to a false arrest claim, potential assault charges, and PSISA disciplinary action.
Your next steps:
Document the full incident: subject description, item selected, time of concealment, duration of lost contact
Review all available CCTV angles with management
If the subject returns to the store, begin the 5-step process again from the start