Lesson 5 of 12
The 5 Steps to a Valid LP Arrest
The 5 Steps to a Valid Loss Prevention Arrest
In Ontario, Loss Prevention professionals follow a proven five-step framework before making any arrest. Every step must be completed. Miss a single step — and the arrest is legally void, exposing you and your employer to serious liability.
Step 1: Observation
You personally observe the subject enter the store without any merchandise already concealed on their person.
This baseline establishes that any item later found concealed was taken from the store's inventory — not brought in by the subject.
Step 2: Selection
You personally observe the subject select a specific item of merchandise from the store's shelves, displays, or stock.
You must identify the specific item — this is what you will document in your incident report.
Step 3: Concealment
You personally observe the subject conceal the item on their person or in a bag, stroller, or other container — deliberately hiding it from view.
The concealment must be deliberate. Placing an item in a shopping basket is not concealment.
Step 4: Maintain Continuity
From the moment of concealment, you must maintain unbroken visual contact with the subject until the point of arrest.
If you lose sight of the subject — even for a few seconds — you cannot prove the item is still on their person. Continuity is broken. The arrest is void.
Step 5: Pass the Last Point of Sale
The subject must exit the store or pass all tills and registers without attempting to pay for the concealed item.
Only at this moment is the subject's intent to steal legally established. Arresting before this step — even with a concealed item — is premature and unlawful.