My jurisdiction is: San Diego, CA
Last Saturday I was window shopping with my wife, father and stepmother. I walked into an optical store called Optical Shop of Aspen and looked at a few pairs of sunglasses. When I realized that the rest of my party had not joined me in the store I asked what time they closed and told the clerk I would return later. About 20 minutes later a police car pulled up and began questioning me. The next thing I know I'm accused of shoplifting by the store and detained. The officer was clear that I was being accused of the crime by the store, but in their eyes I was only under suspicion. At this point I realize that this isn't a big joke and nobody is about to jump out from around the corner with a camera..... The next thing I know I'm told that the store manager just came by and gave a positive ID that my wife and I were in the store together, allegedly she distracted the clerk while I stole the merchandise. I'm then told that all of this is on camera. At this point I become angry, I'm being accused of shoplifting, my wife, who never walked in the store, is now my accomplice. The police then request permission to search my wife's purse and her jacket. Which we allowed them to do, they found nothing and ended up letting us go.
I feel my rights have been violated; the fact that somebody can simply call the police, claim a crime has occurred and have someone searched and detained doesn't sit well with me.
I requested to see the surveillance video, but that request was not granted. I asked that the do inventory immediately to prove in the first place that something was missing, which they also declined to do or at least did not inform me whether that was done.
I've been told that what they did is a clear violation of my rights and that o have someone detained their must be 100% certainty and an eyewitness to the theft. I'm sure it's not that simple, however I do believe that there are legal guidelines and certain criteria must be met before someone can be detained.
What are my legal rights?
Were they violated?
What legal recourse should I consider? Is there precedence that determines likely outcome? Would it be worth the time and effort?
Last Saturday I was window shopping with my wife, father and stepmother. I walked into an optical store called Optical Shop of Aspen and looked at a few pairs of sunglasses. When I realized that the rest of my party had not joined me in the store I asked what time they closed and told the clerk I would return later. About 20 minutes later a police car pulled up and began questioning me. The next thing I know I'm accused of shoplifting by the store and detained. The officer was clear that I was being accused of the crime by the store, but in their eyes I was only under suspicion. At this point I realize that this isn't a big joke and nobody is about to jump out from around the corner with a camera..... The next thing I know I'm told that the store manager just came by and gave a positive ID that my wife and I were in the store together, allegedly she distracted the clerk while I stole the merchandise. I'm then told that all of this is on camera. At this point I become angry, I'm being accused of shoplifting, my wife, who never walked in the store, is now my accomplice. The police then request permission to search my wife's purse and her jacket. Which we allowed them to do, they found nothing and ended up letting us go.
I feel my rights have been violated; the fact that somebody can simply call the police, claim a crime has occurred and have someone searched and detained doesn't sit well with me.
I requested to see the surveillance video, but that request was not granted. I asked that the do inventory immediately to prove in the first place that something was missing, which they also declined to do or at least did not inform me whether that was done.
I've been told that what they did is a clear violation of my rights and that o have someone detained their must be 100% certainty and an eyewitness to the theft. I'm sure it's not that simple, however I do believe that there are legal guidelines and certain criteria must be met before someone can be detained.
What are my legal rights?
Were they violated?
What legal recourse should I consider? Is there precedence that determines likely outcome? Would it be worth the time and effort?