Self-checkout has become a routine part of many American consumers’ trips to the store – statistics from Capital One Shopping indicate that approximately 86% of consumers use self-service machines, which now represent nearly 40% of U.S. grocery store registers. Unfortunately, the increased convenience has introduced a significant problem – retailers who add this feature report considerably more theft and inventory loss than those who still rely on traditional cashier lanes.

That has prompted store managers and security staff to pay much closer attention to what happens at the kiosk, installing increasingly sophisticated cameras, receipt-checking tools and other technology to identify suspected theft. If you neglect to scan an item, accidentally scan the wrong barcode or don’t realize a machine failed to register your purchase, you could stand accused of shoplifting even though you never intended to steal anything.

Self-Checkout Creates New Opportunities to Make Mistakes

Self-checkout is a unique phenomenon because it makes ordinary customers responsible for performing work that trained, experienced cashiers and baggers traditionally handle – such as weighing produce, applying coupons and putting groceries into bags without harming fragile items such as bread and fruit. Mistakes can easily happen, especially if you get distracted by loud noises or the need to supervise young children in a crowded store.

Capital One Shopping’s self-checkout statistics further illustrate the problem, estimating that 36.3 million Americans have deliberately or accidentally stolen merchandise through self-checkout. While 69% of consumers say these kiosks make stealing easier, approximately 36% of self-checkout thefts are reportedly unintentional, such as when you don’t notice that an item did not scan.

Determining the difference between those two situations can be difficult for retailers trying to prevent shrinkage and eliminate loss, but the distinction is crucial in building a successful theft and shoplifting defense.

California Shoplifting Cases Hinge on Intent

California Penal Code § 459.5 defines shoplifting as entering a commercial establishment during regular business hours with the intent to steal property valued at less than $950. The critical word is “intent” – your unique circumstances can distinguish an innocent mistake from deliberate theft.

Your failure to pay for an item doesn’t necessarily tell the complete story. Perhaps a barcode malfunctioned, or you accidentally picked up two identical products and only scanned one at self-checkout.

How Retailers Detect Suspected Self-Checkout Theft

Retailers understandably want to prevent deliberate theft, but aggressive loss-prevention efforts can also sweep up people who make simple mistakes. Stores implement advanced methods to monitor self-checkout lanes, such as installing surveillance cameras that record every transaction. Proof that you’ve purposely failed to pay for a purchase could come in multiple forms, including recorded footage, receipts and point-of-sale data, statements you made to store employees and testimony from security personnel.

Crucially, not all this evidence will automatically work against you. For example, video showing you repeatedly attempting to scan an item or otherwise behaving consistently with an ordinary purchase could shore up your defense.

If you are accused of shoplifting, your attorney can investigate what happened rather than accepting the store’s conclusion at face value. That may mean examining surveillance footage, receipts, transaction logs, witness accounts and the actions you took before and after the alleged theft.

Can Store Security Detain You?

California law gives merchants authority to detain suspected shoplifters if they have probable cause to believe someone has unlawfully taken or attempted to take merchandise. However, security guards are not police officers, which means they cannot investigate potential crimes, make arrests or convict you of criminal activity.

You may instinctively want to protest or defend yourself if you know you did not deliberately steal anything, but remain calm and careful – physically resisting or verbally escalating the encounter can create additional problems. When you’re frightened or embarrassed, you can easily say something impulsive you’ll later regret or make confrontational statements that leave you open to misinterpretation.

If law enforcement becomes involved, remember your constitutional right to remain silent. Under the Fifth Amendment, you can politely decline to discuss the allegations in detail until you’ve spoken with an experienced criminal defense attorney.

Protect Yourself After a Shoplifting Accusation

A shoplifting accusation may seem minor compared with other criminal charges, but you shouldn’t brush it off or dismiss it as an inconvenience. Since the outcomes can affect your reputation, employment and future, the circumstances leading to the allegation deserve scrutiny.

In Southern California, Sal Ciulla brings his decades of real-world, courtroom defense experience to every case. If you become his client, he will examine the evidence against you, identify weaknesses in the prosecution’s allegations and work to safeguard your constitutional rights throughout the criminal justice process. Schedule your consultation today.