Pepper Spray

[Ah Pook]

Did a quick search here but didn't find anything. Looking for a less than lethal deterrent. Gel pepper spray seems like a good option, as I don't want to effect any bystanders.

I work in an "essential" retail environment. We do engage shoplifters and the number of attempts is rising drastically. Can someone give me a quick run down, or point me in a direction, on when the use of pepper spray is lawful? I'm looking for inside the building and outside.

Thought?

TIA

[kidicarus13]

1. Check your company policy as far as using pepper spray. If you do not have a policy, request one so that the company does not hang you out to dry when if/you get sued.

2. https://foxlabs.com/

[FoxtArt]

TLDR:
#1: The use of non-lethal is subject to the same standards as would physical force; e.g. if you would get arrested/cited for punching someone, you'll also get arrested/cited for any non-lethal use of force (pepper spray, taser, etc.)
#2: Colorado permits the use of the minimum level of reasonable force necessary to sustain a citizens arrest if you have witnessed the commission of a crime. That can include physical force, but again, it has to be the minimum level of reasonable force necessary. While unlike some/many/most states, Colorado doesn't explicitly limit that to a felony, I'd still only apply citizens arrest to likely felonies as a personal rule. Note this is the same law which security/retail/etc. detains people. Note that (potentially) lethal force is not permitted to maintain an detainment in any circumstance, you could only use lethal force while detaining if they are actively trying to kill you. This is not the law by which LEO uses to arrest people, security/retail/etc. cannot make use of LEO laws.

Kid's suggestion is also quite wise.

Disclaimer: Of course nothing you read on a public forum is legal advice.

Also for the love of all that's holy, don't deploy pepper spray inside your building. Face even a light a breeze and spray a little bit to get an idea why.

[Great-Kazoo]

Did a quick search here but didn't find anything. Looking for a less than lethal deterrent. Gel pepper spray seems like a good option, as I don't want to effect any bystanders.

I work in an "essential" retail environment. We do engage shoplifters and the number of attempts is rising drastically. Can someone give me a quick run down, or point me in a direction, on when the use of pepper spray is lawful? I'm looking for inside the building and outside.

Thought?

TIA

what ever you choose DO NOT buy a spray. Look for the ones that stream. with even a light breeze that spray will go every where, including back at you. Where those stream ones can go out 20ish feet in a solid stream.

[whitewalrus]

Most employers will likely not allow this...so you should check with your employer before you go down the path of getting some.

I am with GK, if you do get them, get the streams that are designed to shoot further, you don't want this stuff blowing back at you or at someone standing around trying to video the incident with their cell phone.

[ray1970]

If you were my employee I would discourage you from engaging in any kind of physical confrontation with a shoplifter. That?s what insurance is for.

[SAnd]

While you are researching stuff check on how hard it is to get that stuff off of whatever merchandise or equipment it contacts. I heard Deans or Old West Arms or whatever it was was kinda put out of business because the building got contaminated with tear gas that couldn't be removed.

That 'less than lethal' can be more than lethal to someone that isn't young and healthy. If they have asthma or allergies it can be lethal. Same goes with just a whiff of that stuff could really affect someone that has or is recovering from the flu or pneumonia.

While you're at it think of remotely activated door locks. Something like a button under the counter or on your belt that if you see something suspicious you can lock the door without actually going to the door. I don't know if that would be a problem with fire codes though.

I wish you well in your search.

[VDW]

Not legal advice - but I would suggest you only use something like pepper spray only in defense of yourself from physical harm, not to keep someone from escaping. I would highly recommend not using it at all, and as others have suggested not inside - especially with the coronavirus possibly damaging another patron's lungs already. Also, FoxtArt is correct, Colorado law only authorizes a citizen's arrest if you personally witness the suspect committing a misdemeanor or felony. Call LE, and let them handle it if they try to escape. That would be my non-legal advice.

Also, if you do decide to carry pepper spray on the job, I would strongly suggest you be exposed to it in a training session - and keep documentation of that training.

[SpamOnRye]

+1 on Foxlabs
+1 on stream.
None of this is legal advice, however if I were to make a purchase those would be two of my criteria.

[Squeeze]

Pepper spray sucks. Every damn time I was on a call where another officer deployed it, we all got a taste of it. I hated that stuff. Most of us didn't even carry it. In the world of "Asset Protection / Loss Prevention" or whatever it's called these days, I would stay away from pepper spray in day-to-day use. I remember once when we got into a physical altercation with a suspect and my partner had an open-top pepper spray carrier and the top ended up getting damaged in the scuffle causing the pepper spray to expel. We were all coughing, hacking and still trying to get the moron into custody. Not fun. If I were in your shoes, especially in today's society, I would stay clear of going "hands on" with a shoplifting suspect. It just isn't worth it. That merchandise isn't your personal property and you don't make enough money to get injured or God forbid, sued. If they fail to cooperate after initial contact, just let them go.