1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

can STORE'S loss prevention officers use physical force outside store

Discussion in 'Small Claims & Municipal Court' started by pissedoff13, Dec 1, 2013.

Thread Status:
Not open for further replies.
  1. pissedoff13

    pissedoff13 Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    0
    I walked out a store with my 4 yr and was approached by a man that just walked up to me and asked me to give him my purse I said no and he grabedmy purse and a second person a female grabbed me and was forcing my hands off my purse I was yellin at them tellin them no and was hold in in to my purse and it ripped apart my baby was cryin in fear and the female was blockin my baby from comin to me ... I grabedmy keys wallet and phone i then started walking to my car tell in my baby to come and told them how dare theyhme it my child and told them to go to hell I continued walking to my car got me and my baby in and the female opened my car door trying to take my keys from the ignition we were nearly wrestling for my keys and she quickly grabbed my wallet and threw it to another person who ran with it I pulled out and told them thats fine so they could know who would be suing them for assault and breaking into my and stealing my wallet.... Can they do that and what should I do....?????
     
    Last edited by a moderator: Dec 1, 2013
  2. pissedoff13

    pissedoff13 Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    0
    They never identified themselves they just came up and just grabbed my bag and I got injured during the struggle to hold on to my purse... But its 2 against 1...
     
  3. CdwJava

    CdwJava Moderator

    Messages:
    4,388
    Likes Received:
    329
    Trophy Points:
    83

    So, they never identified themselves?

    Did they ever detain you? Were you arrested? Did they just let you go?

    So, since they never identified themselves and you obviously believed you had just been robbed, what did the police do when you reported the strong-arm robbery?

    If you did NOT report the robbery, why not? And how do you now know they were (store's) Loss Prevention if they never identified themselves?
     
    Last edited by a moderator: Dec 1, 2013
  4. pissedoff13

    pissedoff13 Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    0
    No , no ,no and when I was pulling out the lady said she was call in the cops for shoplifting and I said go ahead I never had shit ihsd just puts pair of boots on hold right before I walked out and for hereto go ahead to keep my wallet cause I would be suing them for assault and breakinin by force and stealin my wallet and drove off
     
    Last edited by a moderator: Dec 1, 2013
  5. army judge

    army judge Super Moderator

    Messages:
    31,854
    Likes Received:
    4,749
    Trophy Points:
    113

    Here read this. It details the rights and duties of security personnel.

    http://www.bsis.ca.gov/forms_pubs/poa.pdf

    Read this article. You can simply say no, then walk away. It isn't wise to resist an unlawful arrest.

    http://www.crimedoctor.com/loss_prevention_3.htm

    http://www.crimedoctor.com/shoplifting2.htm


    Why didn't you call "911"?

    By failing to call the police, you weaken a very tenuous position.

    I wouldn't worry so much about what they should have done, did do, or failed to do.

    I'd worry about you engaging in an altercation with small children present, running away, scuffling and tussling while your babies were present, and your failure to alert the police to the alleged assault/attack.

    I'd also worry about one or both of them filing assault charges, theft charges, etc against you.

    If they are hurt, or were hurt in the melee, they might even sue you civilly.

    What you did wasn't very bright, and innocent people don't scuffle, fight, and tussle.

    Innocent people shout for help, yell fire or rape, or call "911".

    Innocent people want to PROVE they aren't stealing, so allowing them to check your empty pockets makes them look stupid, and sweetens a possible lawsuit.

    Or, simply say, NO, THSNKS, YOU CAN'T SEARCH ME TODAY!!!

    Of course, they'll persist, so let them have a go.
    Then you document, call "911", contact your lawyer, and prepare to get dat chedda, yo!
     
    Last edited: Dec 1, 2013
  6. pissedoff13

    pissedoff13 Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    0
    I said No when the guy asked for my purse... But when he just grabs my purse trying to force it off my shoulder I felt threatned and just kept saying No to let go the female came and grabbed my hand trying to force me to let go when the guy just yanked my purse so hard he ripped my purse right off my shoulder and apart I picked up my phone wallet and make up bag and turned towards the baby and said come on that's when the female stopped the baby and tried block in the baby she began to cry I yelled wtf.... And that's when the lady moved and me and the baby walked to the car... I got myself and baby in and then the female just opened my door and trys to grab my keys in the ignition I said what are you doing she says your not leaving but my car was already on so she quickly grabbed my wallet I had in the middle steps back and throws it over to someone and just let's me go saying the cops are on their way I shouted good cause when my lawyer will be suing you for assault breaking into my car and stealing my wallet and just keep my wallet so the cops know where to contact me... I left trying to remove my baby away from the crazy lady that's why I left and didn't stress because the cops will see and have my info plus everything in my wallet is replaceable... The cops did come to my fathers house but were only concerned about my baby because of the altercation I think they would have came to my house because my father told them I was at my mothers and gave them my address... No one came to my mothers.... If they were going to arrest me they would have came for me having the address my father gave them or at least contacted me to come or meet them.... Do you think????
     
  7. pissedoff13

    pissedoff13 Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    0
    Plus I was in my moms car and I know they got the license plate so why wouldn't they come to my moms her car is registered to her address not my dads my licence has my dads address but I know very well if they ran my name they do known yes I'm on probation and everything is registered to my moms for my probation... I didn't call the cops when I left because I knew they would have the report from THE STORE and can see the video to see what happened I never hit or assaulted anyone I felt threatened and acted in self defense especially when the female opened my door forcing herself in trying to take my keys... I know my rights regardless of the situation they have no right to grab me if my purse after I clearly said no and continued to say no and to stop..... So what should I do now????
     
    Last edited by a moderator: Dec 1, 2013
  8. pissedoff13

    pissedoff13 Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    0
    Plus I was in my moms car and I know they got the license plate so why wouldn't they come to my moms her car is registered to her address not my dads my licence has my dads address but I know very well if they ran my name they do known yes I'm on probation and everything is registered to my moms for my probation... I didn't call the cops when I left because I knew they would have the report from (STORE) and can see the video to see what happened I never hit or assaulted anyone I felt threatened and acted in self defense especially when the female opened my door forcing herself in trying to take my keys... I know my rights regardless of the situation they have no right to grab me if my purse after I clearly said no and continued to say no and to stop..... So what should I do now????
     
    Last edited by a moderator: Dec 1, 2013
  9. shrinkmaster

    shrinkmaster Well-Known Member

    Messages:
    3,728
    Likes Received:
    292
    Trophy Points:
    83
    I have worked retail theft for a long time now and have consulted for both retailers and the accused (like yourself). Each store has its own policy on physical contact with a suspect. This store (you should not have named publically) is no different. You lack enough details for me to say totally whose right or wrong here and the details could be harmful to you if posted online if words are not chosen properly. Anyone detaining or making a "Citizen's arrests" may use reasonable force to do so. Whats reasonable depends on your local statutes. Beginning a legal battle with the retailer (who has deep pockets) could be costly and time consuming to you with no promise of victory. I expect your criminal status might come into play as well. If you want action contact the store's corporate office and file complaint. I suspect you will be offered a Gift Card for your trouble. Its probably your best outcome sadly
     
  10. mightymoose

    mightymoose Moderator

    Messages:
    10,970
    Likes Received:
    1,809
    Trophy Points:
    113

    If it happened as you say, and could be verified, both those employees may have been arrested for a felony had you called police. You had no obligation to stop, no obligation to hand over your property, and no obligation to identify yourself. Everything they did, as you describe it, was wrong.
    That does not mean you were right though.
    You should have called police immediately and reported the incident.
    It is not too late to do so. If it did happen as you say, and you did not commit a crime that initiated all of this, then you may want to speak with an attorney for counsel and then report this to police.
     
  11. pissedoff13

    pissedoff13 Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    0
    Criminal status or not still doesn't give them the right to rip my purse off my shoulder and apart after I said no and to stop and to let go.. I don't care when someone says no its no but what am I to do when they grab me trying to just take my purse after i trying to walk away... Never identiefed themselfs or said I was being arrested to me...until after all that and I was already in my car pulling out was when the lady stating the cops were on their way for shoplifting I knew I didn't have shit... I had just put a pair of boots on hold with my name right before I walked out the doirs ... Because I told the guy at the register Iwould be back cause I forgot my coupon... Really I wouldnt be living my name... if I had just shoplifted and with my baby... I might have made mistakes in the past but I'm not stupid...
     
    Last edited: Dec 1, 2013
  12. pissedoff13

    pissedoff13 Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    0
    I was scared for the simple FACT my baby seen what was happening scared crying And left to take my baby home were she's safe and not scared and took pictures of where I was injured and waited for the cops to cone to give my side of the story but they never came after they knew where I was at... Im making sure I know all my rights before any actions do happen.., wrong or right doesn't give anyone the right to do what they did after being told NO unless you are the police... No one should touch me or grab me the way they did regardless...
     
    Last edited: Dec 1, 2013
  13. army judge

    army judge Super Moderator

    Messages:
    31,854
    Likes Received:
    4,749
    Trophy Points:
    113

    I suggest you report this episode to your probation officer, ASAP, as in tomorrow.
    If the terms of your Probation require a more immediate reporting, do it today.
    This episode could cause you very big problems.
    This makes you appear suspicious.
    Being on probation also changes things, and makes it HARDER (not impossible) for people to believe you.
    This is precisely why you MUST walk the straight and narrow.
    Even if you are telling the truth, 1,000% truth, you can better believe the agents have now concocted a story different than yours.
    Remember, there are TWO of them, and only one of you and a baby.
    You just kept peeling back the onion skin, and FINALLY more truth spilled out!
    You ran, not only because you were being "pursued", but perhaps you knew (or thought) this could affect your probationary status.
    OOPS!


    I think you might wish to consult with a lawyer.
    You might want to contact your PO.
    Then you might want to say nothing about this, because if a revocation hearing is begin, you should CLAM UP, ask for a lawyer, and check with a bonding company in case revocation proceedings are started, if you can bond out while the proceedings are pending.
    You do know you made a very big mess.

    If you value your freedom, STOP misbehaving and STOP STEALING or trying to STEAL!!!
     
    Last edited: Dec 1, 2013
  14. army judge

    army judge Super Moderator

    Messages:
    31,854
    Likes Received:
    4,749
    Trophy Points:
    113




    What MUST I do if store security stops me and wants to discuss an alleged theft?

    The answer depends on whether you actually shoplifted or not.
    Sometimes loss prevention will approach people that look suspicious, but have not actually shoplifted to let the person know he or she is being watched.

    If you have shoplifted:
    Remain calm.
    Don’t try to flee the store or resist the store agents or the police.
    If you are in a chain store the security guards might chase you and call the police.
    If the police are present, they WILL chase you.
    Additional charges could be pursued against you, such as: 1) fleeing from the police, 2)resisting arrest to the original charge(s), or 3) obstructing justice or a police investigation.

    The same thing applies if you didn't steal or shoplift.
    Remain calm at all times, do not curse, shout, fight, resist, tug, push, shove, or threaten anyone.
    Follow the instructions and requests of the police and store security calmly and do exactly as requested.

    Always cooperate with the Loss Prevention Agents or Store Security Staff, and the police.

    That doesn't mean you MUST admit to anything, discuss anything, but you should always identify yourself, and simply say, I polutely must refuse to discuss the specifics of this case under the advice of my attorney.

    She, he, or they will take you to an office inside the store to question you.

    Ask for a witness to be present like another store employee, loss prevention agent, or the a member of the store's management team.

    You should be careful when asked to sign any paperwork the store offers you.

    If you have been drinking, using illicit drugs, or taking certain medications so advise the police or store security.
    It is also another reason why signing anything or admitting to anything isn't a good idea.
    Be advise, neither is STEALING a good idea.
    In fact, STEALING is a very bad idea that will ruin your life.
    So, just don't do this to yourself, DON'T STEAL!!!!

    Most stores create an incident (written) report.
    They will also take pictures of you, and could issue you a ban (trespass) letter.
    Don't even think about returning of you do get banned.
    STOP being STUPID, its your life you're ruining!

    Read anything they give you to sign carefully before you sign it.
    If you do not agree with what is written do not sign it.
    If you don't understand what you're signing, say so.
    But, be polite.
    You can always politely refuse to sign any document, and advise them you will consult with your attorney about signing the document.
    Whatever you do, don't tell a lie, just politely decline to speak about the case, until you have spoken with your attorney.
    Some stores make it their store policy to call the police for ALL shoplifting offenses.
    The police will give you a citation and inform you of your court date, after they run your name for any outstanding warrants or capias holds.
    After receiving your citation, contact a couple attorneys as soon as possible.
    Discuss your case and the incident with the attorneys.
    You do this to make sure that the shoplifting charge does not cause problems for you later on in your life.
     
  15. CdwJava

    CdwJava Moderator

    Messages:
    4,388
    Likes Received:
    329
    Trophy Points:
    83

    But, YOU wrote that you did not know who they were?

    So, you DID learn who they were and decided not to deal with the issue or call the police?

    As was previously stated, this does not bode well for your story. Had you truly been accosted by strangers, or even by loss prevention folks, and felt violated you would have called the police. At least that's how the police and a prosecutor are likely to see this.

    As for what you should do now, you can wait to see if you are charged with a crime and then consult an attorney. You can consult an attorney now. You can look into a possible civil suit against the store (though, that will likely cost you a lot of money up front - think $10,000 to start). You can also hope that this just disappears. You can also go online and slander the store's name and hope they don't sue you ... not the best choice, though.
     
  16. mightymoose

    mightymoose Moderator

    Messages:
    10,970
    Likes Received:
    1,809
    Trophy Points:
    113

    The short answer is: Nothing.
    Store security attempting to stop someone does compel anyone to do anything whatsoever.
     
    Last edited: Dec 1, 2013
  17. army judge

    army judge Super Moderator

    Messages:
    31,854
    Likes Received:
    4,749
    Trophy Points:
    113

    True...but you also don't want to fight, curse, cause a scene, resist, or attack.

    Your best bet is wait for the police to arrive and keep your big mouth shut.


    Your better bet would be to never have tried to steal, or wander about the store attempting to conceal merchandise.

    This has happened to me a once in my life, being accosted and stopped.

    I said, great, have you called the police?
    You have, good, let's wait RIGHT here until they arrive.

    That way, we have plenty of witnesses in case something unusual occurs, and the police can find us easier right here.

    That was when the security began to get nervous.

    I just smiled.

    When the officers arrived, they said, Judge XXXXXX, someone bothering you?

    That's when the color left their faces.

    That was one of my best days ever!!!!
     
    Last edited: Dec 2, 2013
  18. mightymoose

    mightymoose Moderator

    Messages:
    10,970
    Likes Received:
    1,809
    Trophy Points:
    113

    I clash with loss prevention who like to try and stop me to look in my bags and check my receipt after I make a purchase. Those kids don't like me very much.
    I'm polite, but they get pissy for not doing what they say. They are so easy to rile up. Poor things.
    The only place I allow it is Costco for the sake of the membership.
     
  19. army judge

    army judge Super Moderator

    Messages:
    31,854
    Likes Received:
    4,749
    Trophy Points:
    113

    Yes, even at Costco it isn't required, SAMs Club, either.
    I do it so my wife doesn't get riled up, she obeys all rules and laws without question.
    I'd rather not get her upset, so when with her, I play it her way. LOL
     
  20. mightymoose

    mightymoose Moderator

    Messages:
    10,970
    Likes Received:
    1,809
    Trophy Points:
    113

    Ya... I just don't want them to can my membership for not waiting in their silly line to go home.
     

Share This Page

Thread Status:
Not open for further replies.