Is it Legal to Conceal Goods From View?

Basically, concealment of merchandiseBasically, concealment of merchandise is considered prima facie evidence of theft in Colorado.  Prima facie evidence means evidence that is good and sufficient on its own, i.e. a person can be convicted if that person conceals goods while in store.  Concealment can be placing an item in a pocket, inside a jacket, inside a baby stroller, or any other location that prevents the merchant from being able to see the property.  

The concern here is that a person that has been charged may not have had the intent to steal the property.  For example, if a person enters a store to pick up a few items, then, as is often the case, picks up more items than that person had planned, that person may place some of the items in a coat pocket to avoid dropping the property.  This person likely had the intent to remove the item once at the cash register.  However, the owner, store security, and even employees now have the right to detain that person, question them, call the police, and have that person charged or arrested.   For these reasons, it is important to have an attorney that can adequately identify all defenses for the client that has been charged for seemingly innocent activity.   (Link: Please see Colorado Revised Statutes 18-4-406).  is considered prima facie evidence of theft in Colorado.  Prima facie evidence means evidence that is good and sufficient on its own, i.e. a person can be convicted if that person conceals goods while in store.  Concealment can be placing an item in a pocket, inside a jacket, inside a baby stroller, or any other location that prevents the merchant from being able to see the property.  

It is a common misconception that the merchant or store employee must wait until the person concealing the item exits or attempts to exit the store, building or property.  However, under Colorado law the merchant or store employees may detain the person once an item is concealed.  

The concern here is that a person that has been charged may not have had the intent to steal the property.  For example, if a person enters a store to pick up a few items, then, as is often the case, picks up more items than that person had planned, that person may place some of the items in a coat pocket to avoid dropping the property.  This person likely had the intent to remove the item once at the cash register.  However, the owner, store security, and even employees now have the right to detain that person, question them, call the police, and have that person charged or arrested.   For these reasons, it is important to have an attorney that can adequately identify all defenses for the client that has been charged for seemingly innocent activity.   (Link: Please see Colorado Revised Statutes 18-4-406).