FARGO — Fargo officials on Tuesday, Aug. 20, issued a news release to "reclarify" a recent change in policy when it comes to how police and city prosecutors approach shoplifting cases.
The Fargo city prosecutor's office recently let area retailers know it will no longer prosecute shoplifting cases when a case is based solely on video evidence, also known as "delayed evidence."
In addition, Fargo police have informed local businesses that officers will not take theft reports on delayed/video evidence calls from retailers unless the dollar amount involved is more than $500 and the case is handled in Cass County District Court, or the case is one that poses a public safety risk.
Reasons for the change, according to the city prosecutor's office, include the difficulty in prosecuting cases that rely solely on retail store video, without firsthand, or eyewitness evidence.
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Fargo Mayor Tim Mahoney said Tuesday he had received a number of emails regarding the policy change from people concerned it might mean that all small-magnitude theft cases would no longer get attention from police or prosecutors.
Mahoney said other city officials received similar inquiries, prompting the city to issue a news release about the change. The city is "reclarifying" that the only shoplifting cases affected by the new policy were those involving amounts less than $500 and the only evidence available to officials is video of thefts not immediately addressed by a store's loss prevention workers.
Mahoney stressed that other types of theft cases will receive the usual attention from police and prosecutors.
"We're going to do the things we usually do, this (policy change) is to address some of the big-box issues," Mahoney said, referring to large-size retail stores.
The news release issued Tuesday stressed that the policy change is applicable only to commercial, retail stores and only to theft of items of $500 or less. Also, the new policy is not applicable to shoplifters who are caught in the act, nor does the policy apply to residential or motor vehicle thefts or to business thefts, the statement said.
" One of the purposes of the policy is to inform retail stores that while video evidence can be a powerful tool in making a shoplifting case, it usually does not constitute the entirety of proof needed," the news release said.
The city’s former policy required police officers to file reports for delayed calls, which lacked substantive evidence and were often unsuccessful in identifying shoplifters, according to the news release. Such calls frequently tied up police resources without leading to favorable outcomes, the release stated.
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"To reiterate, the new policy applies to delayed reports of retail theft only. Shoplifters caught in the act of theft will still face legal responsibility," the release said.
"Fargo Police will still file reports for delayed calls regarding motor vehicle, residential and other thefts," the news release said, adding, "This policy change does not pertain to personal property theft. Residents are encouraged to continue reporting suspected thefts to police who will record and investigate reported non-retail thefts in the same manner as before."
