Dear Sir:
I am a male, 17 years old. Recently I was subject to being detained for shoplifting when I was innocent and I would like your opinion about it.
WHAT HAPPENED
I was shopping at a large retail store that sells everything from food to television sets. After paying for my items at a checkstand I proceeded to the exit. An alarm sounded as I went through the first exit door. I looked around, but no employee seemed to be around so I proceeded out the second door.
I was overtaken in the parking lot by a uniformed store security guard who asked me to stop. She told me to remain calm and asked me to keep my hands in plain sight. She then explained that she had responded to the exit alarm and asked to look into my bag to check my receipt. I felt that I had nothing to hide so I agreed. To my great surprise she found an item which was not listed on my receipt, one of two CD's I bought. I explained that this must have been a mistake by the checker or that something was wrong with the register and I offered to pay for it. She told me that she would have to investigate further and asked me to accompany her back to the security area where "we can talk about this further." By this time I was getting scared and I did not want to go with her. We argued about this for a minute or two, not in a loud way, but with me saying that this was unnecessary, I could pay for the CD or give it back, and her saying I would have to accompany her back to the security area where a decision as to what to do would be made. I even offered to pay her cash on the spot for the CD which was less than $20. At that point she stated that she was not going to argue with me any longer and she was going to escort me back to the security area. She took me by the arm, above the elbow, grasping my hand with her other hand and kind of turning my hand around and back on itself. She asked me to please come along with her quietly. I can't say that the way that she held me hurt, but I felt that it would if I resisted. I went with her without resisting.
She took me back inside the store, down a hall and into a private office and sat me down on a stool. She then called someone on the phone and a male employee came in. She had me get up again while he did a "pat down", which she said was "for my safety and your safety." She then asked me to produce identification and I handed over my wallet. By this time I was very frightened. I wanted to call my mother on my cell phone and get her advice, but the guard said I could not do that now. I was already upset and shaking like a leaf. Not being allowed to call my mother was too much for me and I protested at this. The security guard told me to calm down but I couldn't help starting to cry. At that point she told me that "for my safety and your safety" I would have to be restrained. She then proceeded to handcuff my hands behind my back and again sat me down on the stool, telling me to "take some deep breaths and relax". That was very difficult to do under the circumstances but it did help me regain some control, although I kept blinking back tears.
The male employee said that he had something else he had to take care of and asked the guard if she needed him to stay. She said that would not be necessary and he left. She then proceeded to do her investigation. She made a list of everything in the bag, took a photocopy of my learner's permit, and photographed me. She was able to identify the checker from the receipt and she called the checker in for an interview. The checker said that she checked everything I put on the counter. The guard also viewed some surveillance video of the checkout stand and maybe other areas. I could not see the video from where I sat, but I think the video of the checkout should have shown that I did nothing wrong. The guard told me that she had concluded that I was shoplifting by "accidental stealing" and could be prosecuted. I don't really understand what that means. However, she told me that she would release me without charges if I cooperated. She wrote up a statement that said I had removed an item from the store without paying for it and promised never to return. By this time all I wanted was for this to be over with and to be allowed to go home so I agreed to sign it. She then took the handcuffs off of me and had me sign the statement. The papers did not say anything about a checker's mistake or anything like that, but I was afraid to argue with her so I signed. All of this took maybe 30 to 45 minutes.
I expected to be able to leave then but she told me that because I was a minor she would have to release me to a responsible adult. I protested at this because I had understood that she had promised to let me go and I was not even planning on telling my mother about it. The guard told me that I was getting visibly upset again and that I should take some more deep breaths and calm down or she would have to put me in handcuffs again. I felt helpless and I tried to calm down as much as I could. She then called my mother at work, who had to make arrangements to leave early and come down and get me. I had to wait about another hour and 15 minutes. When my mother came the guard had the male employee come back in and sit with me while she talked to my mother in another room. She then escorted my mother and me out to the parking lot and I was finally allowed to go home.
The guard gave my mother a copy of the statement I had signed and also a copy of the guard's report. The report pretty much tells what happened but does not say anything about the video having cleared me. My mother is angry with me and thinks the whole thing is my fault. I have told my mother my side of the story but she believes that I did steal from the store and was lucky to "get off lightly." She also has told me that even if I was innocent I had behaved badly with the guard, "got what I deserved", and have hopefully "learned my lesson."
MY QUESTIONS
I have read what is on your website and I have some questions.
1. You say that the security person should actually see you take and conceal something to have "probable cause". In my case that did not happen. Was the security guard acting unlawfully when she detained me?
2. If the guard did not have probable cause, would I have had the legal right to run away or fight back when she detained me?
3. When I explained that there must have been a mistake and offered to pay for the item, shouldn't that have been the end of it?
4. If the guard had probable cause to detain me, was it legal for her to take me by the arm and lead me back to the security area?
5. Was it legal for the "pat down" to be done? I don't see how that was necessary for anybody's safety.
6. Was it legal for the guard to handcuff me?
7. How can anyone "accidentally steal" something?
I am a male, 17 years old. Recently I was subject to being detained for shoplifting when I was innocent and I would like your opinion about it.
WHAT HAPPENED
I was shopping at a large retail store that sells everything from food to television sets. After paying for my items at a checkstand I proceeded to the exit. An alarm sounded as I went through the first exit door. I looked around, but no employee seemed to be around so I proceeded out the second door.
I was overtaken in the parking lot by a uniformed store security guard who asked me to stop. She told me to remain calm and asked me to keep my hands in plain sight. She then explained that she had responded to the exit alarm and asked to look into my bag to check my receipt. I felt that I had nothing to hide so I agreed. To my great surprise she found an item which was not listed on my receipt, one of two CD's I bought. I explained that this must have been a mistake by the checker or that something was wrong with the register and I offered to pay for it. She told me that she would have to investigate further and asked me to accompany her back to the security area where "we can talk about this further." By this time I was getting scared and I did not want to go with her. We argued about this for a minute or two, not in a loud way, but with me saying that this was unnecessary, I could pay for the CD or give it back, and her saying I would have to accompany her back to the security area where a decision as to what to do would be made. I even offered to pay her cash on the spot for the CD which was less than $20. At that point she stated that she was not going to argue with me any longer and she was going to escort me back to the security area. She took me by the arm, above the elbow, grasping my hand with her other hand and kind of turning my hand around and back on itself. She asked me to please come along with her quietly. I can't say that the way that she held me hurt, but I felt that it would if I resisted. I went with her without resisting.
She took me back inside the store, down a hall and into a private office and sat me down on a stool. She then called someone on the phone and a male employee came in. She had me get up again while he did a "pat down", which she said was "for my safety and your safety." She then asked me to produce identification and I handed over my wallet. By this time I was very frightened. I wanted to call my mother on my cell phone and get her advice, but the guard said I could not do that now. I was already upset and shaking like a leaf. Not being allowed to call my mother was too much for me and I protested at this. The security guard told me to calm down but I couldn't help starting to cry. At that point she told me that "for my safety and your safety" I would have to be restrained. She then proceeded to handcuff my hands behind my back and again sat me down on the stool, telling me to "take some deep breaths and relax". That was very difficult to do under the circumstances but it did help me regain some control, although I kept blinking back tears.
The male employee said that he had something else he had to take care of and asked the guard if she needed him to stay. She said that would not be necessary and he left. She then proceeded to do her investigation. She made a list of everything in the bag, took a photocopy of my learner's permit, and photographed me. She was able to identify the checker from the receipt and she called the checker in for an interview. The checker said that she checked everything I put on the counter. The guard also viewed some surveillance video of the checkout stand and maybe other areas. I could not see the video from where I sat, but I think the video of the checkout should have shown that I did nothing wrong. The guard told me that she had concluded that I was shoplifting by "accidental stealing" and could be prosecuted. I don't really understand what that means. However, she told me that she would release me without charges if I cooperated. She wrote up a statement that said I had removed an item from the store without paying for it and promised never to return. By this time all I wanted was for this to be over with and to be allowed to go home so I agreed to sign it. She then took the handcuffs off of me and had me sign the statement. The papers did not say anything about a checker's mistake or anything like that, but I was afraid to argue with her so I signed. All of this took maybe 30 to 45 minutes.
I expected to be able to leave then but she told me that because I was a minor she would have to release me to a responsible adult. I protested at this because I had understood that she had promised to let me go and I was not even planning on telling my mother about it. The guard told me that I was getting visibly upset again and that I should take some more deep breaths and calm down or she would have to put me in handcuffs again. I felt helpless and I tried to calm down as much as I could. She then called my mother at work, who had to make arrangements to leave early and come down and get me. I had to wait about another hour and 15 minutes. When my mother came the guard had the male employee come back in and sit with me while she talked to my mother in another room. She then escorted my mother and me out to the parking lot and I was finally allowed to go home.
The guard gave my mother a copy of the statement I had signed and also a copy of the guard's report. The report pretty much tells what happened but does not say anything about the video having cleared me. My mother is angry with me and thinks the whole thing is my fault. I have told my mother my side of the story but she believes that I did steal from the store and was lucky to "get off lightly." She also has told me that even if I was innocent I had behaved badly with the guard, "got what I deserved", and have hopefully "learned my lesson."
MY QUESTIONS
I have read what is on your website and I have some questions.
1. You say that the security person should actually see you take and conceal something to have "probable cause". In my case that did not happen. Was the security guard acting unlawfully when she detained me?
2. If the guard did not have probable cause, would I have had the legal right to run away or fight back when she detained me?
3. When I explained that there must have been a mistake and offered to pay for the item, shouldn't that have been the end of it?
4. If the guard had probable cause to detain me, was it legal for her to take me by the arm and lead me back to the security area?
5. Was it legal for the "pat down" to be done? I don't see how that was necessary for anybody's safety.
6. Was it legal for the guard to handcuff me?
7. How can anyone "accidentally steal" something?
