Shoplifting, Larceny, Robbery, Theft Falsely Accused of Shoplifting - Detained, Searched & Humiliated

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mikewo

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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?
 
Thanks raskalnikov, I appreciate your response. I'm not really looking to "cash out" per se, I just really want this store to either train their personell or get rid of the half wits they have working for them.

I'd prefer to file a criminal complaint then go through a lawsuit. Is a lawsuit the only course of action available to me?

Thanks,

Mike
 
Ok not to be rude but Rask answer was extreme and may not gain what you desire nor will criminal complaint. Yes teh store has criteria to make stops and clearly it isnt likely they were met. However we dont know that since we have not seen video or heard their version. A criminal complaint may go nowhere depending on how long you were detained and if you were actually detained. Police made it clear you were only under suspicion which is not illegal. If you wish to contact me through private message I can put you in contact with someone who is familar with such procedures. Its my opinion, for what its worth, woud be to contact the stores corporate office and demand compensation. At best, and I mean best, expect a $100.00 gift card maybe more. A lawsuit will take at least a year if you can get an Attorney to take case on contingency. A criminal case will gain you nothing and I can pretty much assure you no one will go to jail at worse the person(s) who detained you may get small fine if DA even takes case.
 
Thanks Jacksgal, I left a message at their corporate office yesterday, haven't received a call back yet. It sounds as though I don't really have any strong options. Regardless of what happens I don't intend to ever support Optical Shop of Aspen, so if they offered me a gift certificate I'd request it be for a different store or decline it. I will send you a private message for a referral. Thanks for taking the time to respond.
 
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.
The store personnel have a right to be wrong. If they made the allegation based on their reasonable belief that you had stolen something, there is no action that can be taken against them. if store personnel are found to have made the whole thing up, you may have some cause of action, but why would they just randomly select you to be accused of theft?

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.
None of these things are required. Besides, upon further investigation, you WERE released.

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.
You were told wrong ... VERY wrong.

Heck, a CONVICTION doesn't even require 100% certainty or a witness, so why would a detention - which requires a much lower legal standard - be held to such a level?

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.
Yep - an articulable belief that "criminal activity may be afoot" and that the person or people detained are involved. That's the legal requirement.

What are my legal rights?
You can pay an attorney to tell you the same thing. You can also complain to the store management and ask for an apology, a free set of glasses, or a million dollars. It's up to you. Whether they respond in any way is up to them.

Were they violated?
Not based upon what you have written here.

What legal recourse should I consider? Is there precedence that determines likely outcome? Would it be worth the time and effort?
What would you like to see happen? No crime has been committed, and no legal tort would appear to exist unless you can show that the employee's accusations were unreasonable or fabricated.

- carl
 
I don't think you are really looking at the situation without a bias. The most common reason a false report is made is to cover up internal theft. When an insurance claim is made a police report number is typically required. Before you act incredulous and basically state that it makes no sense for someone to falsely accuse someone else in this situation you should put your thinking cap on. I was given the informaiton above by my neighbor, she's an insurrance fraud attorney.

It also seems to me that you think as long as you are released in the end it's perfectly ok to be detained, searched and questioned for somethign that you didn't do, that your wife didn't do, couldn't have done since she was never in the store. Is that correct? I can't disagree more, once it happens the damage is done. False accusations are serious and can have negative impact on someones reputation, standing in the community, etc.

How can it be ok for someone to say my wife was in the store as my accomplice to shoplifting when she never stepped foot in the store? Is that not ridiculous? Saying someone was somewhere stealing, but they have neve been in the store..... Hmmmm.... I guess I should just be ok with that. I don't see that as being WRONG, I see that as lying...... So yes, I can actually prove that the store manager told the police an outright lie.

If you really want to know what I'm looking for read my posts, it's all in there. Money isn't it.....
 
Mike we only have your version of events although probably accurate we still dont know what they saw or think they saw. The "rules" you talk about are not laws but criteria retailers place on their security people for making stops. The person I will put you in contact with whenever you decide to PM me knows the criteria for stops. Furthermore I dont see bias in Carl's posts
 
Hi Jacksgal, I see your point and admit that I'm a bit emotional over this. I've been holding onto the belief that the 4th Amendment protects me. My belief has been that when a search occurs and it's based upon false oath or affirmation the individual and/or corporation is liable......

For some reason I'm not able to send you a PM, here's the message I keep getting.

"Message
mikewo, you do not have permission to access this page. This could be due to one of several reasons:

Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation."
 
I don't think you are really looking at the situation without a bias.
No matter how you look at it, a business has a right to suspect people of theft and to report it. The police have a right to make a detention and conduct an investigation. Yes, it is inconvenienet, and, yes, it might be mildly embarrassing, but from what you wrote no one appears to have done anything wrong ... assuming no one made any false or unreasonable accusations.

The most common reason a false report is made is to cover up internal theft.
I would like to see a citation for that claim.

Certainly that is one possibility, but what proof do you have that the claim was knowingly and intentionally false? Being mistaken is not the same as being false (legally speaking).

When an insurance claim is made a police report number is typically required.
Yep. there are a number of reasons for that. But, they wouldn't need to accuse someone of the theft to make the claim. They could just allege theft or embezzlement by parties unknown. But, for one small item, they wouldn't likely do that at all.

You keep talking about a "false" report. As I said, being wrong is not generally going to be actionable. the law requires that the detention be based upon REASONABLE suspicion. This is a pretty low standard and does not require any level of certainty, only a reasonable and articulable belief based upon the information available at the moment as interpreted by the training and experience of the party involved.

I was given the informaiton above by my neighbor, she's an insurrance fraud attorney.
Then she needs to stay working with insurance and stay out of criminal law. There is NO requirement for a witness and NO requirement for "100% certainty" before making a claim. As I said, a conviction does not require either of those, so why would a detention be held to such a ridiculously high standard?

It also seems to me that you think as long as you are released in the end it's perfectly ok to be detained, searched and questioned for somethign that you didn't do, that your wife didn't do, couldn't have done since she was never in the store. Is that correct?
Legally, it is. You can disagree and do not have to like it. And, as I said, you can complain to the store and you can ask for apologies, gift cards, or a million dollars. What the store will provide you - if anything - is something i cannot predict. From what you wrote, it seems they did nothing wrong, but sometimes stores act from a P.R. standpoint regardless of their legal position.

False accusations are serious and can have negative impact on someones reputation, standing in the community, etc.
Then hire an attorney, articulate your financial losses or damage to your reputation, and sue. Perhaps you can ferret out proof of a conspiracy and show that store staff lied to the police and made up the whole tale. Maybe that happened. But, more than likely, they were mistaken. There IS a difference. A lie is an intentional act, a mistake is not. A mistake might be negligent, and it might even be unreasonable, but absent a lawsuit or an admission by the store staff, we don't know whether the actions of store personnel were unreasonable. Nothing in your post indicates with any certainty that the actions of store staff was unreasonable ... maybe it was. But, maybe it wasn't. We don't know.

So yes, I can actually prove that the store manager told the police an outright lie.
How? How do you prove that he lied? Remember, a lie is a knowing and intentional falsehood. How do you show that the store manager actually told the police a tale he knew to be false?

So, ask for an apology or whatever. Who knows, maybe they will apologize. Maybe they won't. I suspect if you Do get an apology, it will be generic and will not acknowledge any wrongdoing on the part of store staff.

Keep in mind that people are detained and released for suspected crimes every day. Being detained - by itself - does not give grounds for a claim against the accuser. Again, the standard is that the detention be based upon a reasonable and articulable belief that crime is "afoot" (yes, that is the term in one of the case law decisions on the matter) and that the person detained is involved.

- Carl
 
For some reason I'm not able to send you a PM, here's the message I keep getting.

"Message
mikewo, you do not have permission to access this page. This could be due to one of several reasons:

Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation."
The admin modified PM's some time back to require that posters have a certain number of posts before they may send a PM. What was happening not too long ago is that many people would register at the site and then spam many of us with PMs as opposed to posting their tale on the board. Jacksgal and I were among the people who got deluged with PMs, so the Admin made the change.

- carl
 
Carl, I appreciate your position and I agree with much of what you write. I'm entirely too emotional to think about it as logically as you are. Please accept my apology if I've come off a bit strong and offended you. I understand that you are simply being pragmatic.

I was told by the police that the store manager came by while we were detained and gave a positive identification that we were both in the store. They actually told me that she told them I walked in the store, got the case open, then she walkked in and distracted them. It's like they have fabricated a huge conspiracy that never happened. For the life of me I just can't figure out how that mistake can be made. Were talking about 20 minutess, is it possible for the store manager to forget what my wife looks like and mistake her for someone else in the store? Techncially it's possible, albeit unlikely. The glasses in question are hand made in Japan and cost between $1,600 to $6,000, I own three pairs, which I have reciepts for, this isn't some little petty shoplifting situation. Depending on what they actually accused me of taking this could very well be a felony. Lastly, I'm handicapped, I can barely walk, much less run. If they suspected me of something while I was in the store or right after I left the rational thing is to stop me and ask about the merchandise. Which is where it gets fishy in my mind....... You are right, I'll probably never be able to prove anything.

In any case, I appreciate your perspective and you've given me a lot to think about. I have always said that the best ideas and course of actions comes out of disagreement.

Thanks,
Mike
 
Carl, I appreciate your position and I agree with much of what you write. I'm entirely too emotional to think about it as logically as you are. Please accept my apology if I've come off a bit strong and offended you. I understand that you are simply being pragmatic.
I am not easily offended ... I have been in law enforcement for quite a long time so I have developed a thick skin. No problem.

I have been in your position before, so I know what it is like to be accused of a crime that you did not do, and even detained at gunpoint by the police. Ultimately, while the information proved erroneous, the accusations were reasonable given the situations as they were at the time.

I was told by the police that the store manager came by while we were detained and gave a positive identification that we were both in the store.
Statistically, even eye witness descriptions and identifications are subject to a great deal of error. Again, being mistaken is not the same as a lie. Frustrating, yes. Unreasonable, probably not.

They actually told me that she told them I walked in the store, got the case open, then she walkked in and distracted them. It's like they have fabricated a huge conspiracy that never happened. For the life of me I just can't figure out how that mistake can be made. Were talking about 20 minutess, is it possible for the store manager to forget what my wife looks like and mistake her for someone else in the store? Techncially it's possible, albeit unlikely.
It's a common scenario and often times witnesses will "see" what they think they are seeing. In other words, they will ascribe actions of individuals to fit their perception of the scenario. The mind can be tricky that way. People that are right handed tend to see bad guys holding guns in their right hand even if it was in the left ... heck, two people can witness the same event and interpret it differently depending on experiences.

The glasses in question are hand made in Japan and cost between $1,600 to $6,000,
That explains their concern! Mine cost me about $275 ... I can't imagine what a pair of glasses might have to convince me to pay THAT much!

Depending on what they actually accused me of taking this could very well be a felony.
Anything over $400 would be a felony.

Lastly, I'm handicapped, I can barely walk, much less run. If they suspected me of something while I was in the store or right after I left the rational thing is to stop me and ask about the merchandise. Which is where it gets fishy in my mind.
Having seen this dozens of times, I suspect that they had to confer with each other as to what they saw and who they saw. They may also have a non-confrontation policy in the store so that they do not stop potential shoplifters. Only the larger chains have dedicated loss prevention personnel and formal practices. Many stores simply have a practice of no contact and to call the police.

Jacksgal's husband is the expert on this, and he could probably provide a little insight into these practices.

In any case, I appreciate your perspective and you've given me a lot to think about. I have always said that the best ideas and course of actions comes out of disagreement.
Which is why I participate on this and other boards. You learn more by being challenged than by agreement.

- Carl
 
My answer is totally appropriate. If you don't sue, and just let them bend you over, they'll continue to be cavalier and treat the small consumer like vermin.

They raised your anxiety, and what they did is something that will be a painful memory for time to come.

So, sue them!
 
I'll also add, this site is overwhelmingly pro-prosecution and pro-big business. It's "conservative" to say the least. . .
 
Rask does not speak for site and cannot prove his claim of pro prosecution. Furthermore as stated a law suit it going to be both costly and time consuming with no guarantee of a win. You may certainly speak with an Attorney but its very unlikely one will take your case without hefty retainer. As Carl and I have both pointed out the detainment, if it was one, was not unlawful. A suit needs damages what are yours? Your best course of action is the one recommended contact corporate! If no call back continue to do so and ask for higher ups. Send emails letters etc. You might even search for District Manager of store
 
My answer is totally appropriate. If you don't sue, and just let them bend you over, they'll continue to be cavalier and treat the small consumer like vermin.

They raised your anxiety, and what they did is something that will be a painful memory for time to come.

So, sue them!
A lawsuit takes money. An attorney only takes a case on contingency if the case is strong, and the likelihood of a payoff making it worth his time is there. This case has neither of those. At best, it would be a fishing expedition. Pay about $5,000 in attorneys fees and more if there are a significant number of depositions, and HOPE that someone admits to knowingly lying or acting in a grossly unreasonable manner.

Maybe YOU have that kind of spare cash sitting around, but most of us do not.

While the business may have jumped to the wrong conclusion, that does not make the detention unreasonable. Legally, a detention in the field is viewed as a relatively no harm sort of incident. Had the identification and claims resulted in arrest and even a prosecution, the case might be made more palatable (again, assuming that some unlawful, malicious, or unreasonable actions on the part of store personnel can be shown). Nothing included in the post indicates on its face that there is grounds for any kind of legal action. To go fishing will cost, at the low end, about $5,000 in CA. Would any award for damages even cover THAT? i doubt it.

- Carl
 
A good attorney won't charge you anything!

What?! Since when does a "good attorney" not want to get paid??

I know good attorneys - I'm related to one, too. They don't work for free, and this is not a case that cries "payoff". This one screams, "Lots of work, depositions, and no damages ..." which means it is a weak case to take on contingency.

I've seen much better cases being taken on as "pay as you go" ... sorry, Rask, but this one is just not a good gamble if the OP chose to take it that direction.

- Carl
 
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