ADULT CITIZEN wrongly accused of shoplifting....never entered store!

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momarshall

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California!!

I am a young woman of color, gainfully employed, home & rental property owner, taxpaying law abiding citizen with no arrest and no criminal record.

As I was enjoying a meal at a small storefront restaurant (located in a gentrified up & coming neighborhood), I stepped out the establishment's front door to take a phone call ~3mins. I returned to my table to continue my meal when 2 officers approached me and asked that I return back outside. With confusion on my face, I inquired why. I was informed that I had shoplifted from a popular nationwide drugstore located directly across the street.

I informed the officers that I've never even been on that side of the street today and have been sitting in this establishment for the past 15-20mins. He asked to look in my purse, I immediately refuse. By this time, I was totally embarrassed as the restaurant's employees and customers looked on.

I refused to leave the establishment. This officer conducted himself in a very unprofessional intimidating manner. I told him I fear for my safety and the accusing party would need to come into the restaurant and ID me. All the while, he never asked for my identification. The waiter brought my tab. I opened my wallet in plain site, exposing my checkbook, credit cards and Id, paying my tab. Still, I was never asked for my ID, so I passed it to him anyway. He radioed in my info.

As I was finalizing my bill, I heard him radio in that he was trying not to "1-4-something" me and to have the accusing party come across the street to identify me. I figured that meant handcuff or take me into custody. I was wondering if I was being held against my will. I began to grab my belongings to leave, the officer informed me that I was being detained and could not leave.

Minutes later, I saw a cop car pull up just to the side of the restaurant and a plain clothed man got out and walked passed the window where I was sitting. His eyes immediately zeroed from my face to the officers face, giving him an affirmative nod. I shook my head in disbelief and exclaimed that I am being WRONGFULLY ACCUSED and will be pursuing this matter to the fullest. The officer quickly interjected with attitude that this guy was a friend and he was just casually speaking to him.


Next the clerk, dressed in her smock, poked her head in the door and immediately shook her head and stated that I was not the suspect. She furthered that the suspect was about 150 lbs. This infuriated me cause I'm a solid 320 lbs. The officers turned on their heals and immediately left without uttering a word...not even an apology.

In the past, I've taken medication for depression and this episode has definitely exacerbated the state of my mental health.

What recourse do I have to file a claim? Against the drugstore? Against the police dept?

Thanks,

Ms. Marshall

Emeryville, CA
 
I suggest you consult with a couple of local criminal defense attorneys.

You might also speak with your local state representative, county elected official, state senator, mayor, NAACP president, ACLU, and the chief f the police agency that approached you.

But, consult the attorneys first, before you approach the chief of police.

Otherwise, stay out if that store until you have resolved this to your satisfaction.

An attorney might be able to obtain the video at the restaurant and/or the drug store.

That could help you with your case.

You should also try to get statements from the restaurant employees.

Do that quietly and very carefully.
 
After I was able to leave the restaurant, I drove right over to drugstore and spoke with the manager. Before I could explained the matter, I was surprised he had already been briefed about the false accusation. He apologized and wrote down his name, number as well as the clerk's name who wrongfully accused me. They both apologized for the mistake, but the damage has been done.

Thanks for your response.
 
I'm going to respectfully disagree with AJ's response.

Though I absolutely agree that a report should be made to the law agency, I see no viable claim. There are no damages and mistaken identify is mistaken identity. I see no malice, or deliberate attempt to alienate, harass or otherwise intimidate the OP.
 
Most stores have a policy on "bad stops" and how they deal with them. You should seek compensation through store corporate office. Expect nothing more than a giftcard and apology. Check your PMs for some reference links
 
I wasn't stating an opinion about the OP's potential claim.

I was advising her, as to whom she might speak with, if she feels aggrieved.
 
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Thank you both for your insight and candidacy. I am extremely angry regarding this situation. I've never experienced anything like this before. Great to know my options...or lack, thereof.
 
How would you have a claim against the store?

The store employee said it was NOT you.
 
I obtained the full completed police report today...

I never entered/patronized the store that day. I was sitting in the restaurant across the street enjoying my lunch. The drugstore's loss prevention employee pointed me out as soon as I stepped out of the restaurant (across the street) to use my cellphone. He was certain I was the suspect, so the officers immediately came into the restaurant and detained me. He even went as far as to affirm I was the culprit during the face to face ID! HOWEVER, the clerk who witnessed the actual theft said I was not the suspect and only then did the loss prevention employee retract his accusation.
 
Once again, I do not believe you have a case at all.

But by all means, speak with a local attorney who will guide you further.

Mistaken identity is exactly that - mistaken identity.
 
Sounds like the police acted on good faith. You were identified by an employee as the suspect and detained for further investigation. Perfectly lawful.

They had asked you to step outside, but you declined. So any further embarrassment you endured by remaining inside is arguably of your own doing.

Whether you have any claim for damages against the store for pointing you out in the first place is iffy. You might very well have to show that the employee who identified you originally was intentionally lying or reckless in his or her initial identification to the police. Chances are that won't be the case.

I doubt you have any case, but you CAN speak to attorneys to see if you have a claim against the store, and you can make a complaint to the agency about any unprofessional conduct by the officer(s) involved.
 
Momarshall,

You bought a losing lottery ticket.

No matter how many times you compare the numbers, they're still the wrong numbers.

Buy another lottery ticket next week.

Good Luck!
 
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