Past point of sale is only a relevant defense of intent if you
placed the item on the checkout counter and the cashier forgot
to scan it, and you got arrested for it. Subjects have been
arrested in-store by law enforcement for concealing products
without ever having contact with Loss Prevention. The factor is
intent, removing a product from it's packaging and concealing it
in a purse vs placing some oranges in an e-bag while your doing
your shopping. If an employee advised the LPO they thought you
were stealing and he found the empty package, he could've easily
rewound the tape and grabbed you when you walked outside.
If Loss Prevention Personnel made contact with you, there is a very
high likelihood the store is aware you stole the product because
the footage would've been reviewed within minutes of the incident
due to strict LP contact policies. In situations where the subject
escapes, the Loss Prevention Dept will try to identify you from a
bank/credit card or get a plate number. Once Loss Prevention has a
name or a way to identify you, a Police Detective will get a search
warrant and you'll be hearing from them in-person. It's not relevant
if the evidence recovery is made, they have the shrink sheet and tape.
You'd be surprised by the amount of retailer and police resources
spent trying to find someone that stole a $10 product, dropped it,
and ran from an LPO that got their plate. Conversely the subject
may be looking at several additional charges to the theft such as
resisting, escape, assault, possession, etc. taking county shoptheft
diversion programs off the table. If Detectives have a tape and a
way to put a name to the face, they WILL work them, almost regardless
of the value of the stolen product. It's considered a crime against
the state.
In your situation, the guy probably didn't want to bother pursuing
the theft due to the low value of the item you stole. The LPO still
has the ability to identify you and initiate criminal proceedings
against you, but the likelihood is very low. Individual retailers
invest millions of dollars annually in loss prevention programs and
surveillance systems to apprehend thieves, but most people still
underestimate the consequences for stealing $5 worth of merchandise.
Even if you don't get charged, you'll still be looking at a civil
demand and a police arrest record, which never goes away.