Shoplifting, Larceny, Robbery, Theft Wrongfully Accused/Mistaken ID & Pissed-Off!

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rtfmomarshall

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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
 
Ok first off I need to say something. This is not meant to be rude, insulting or offensive. 90% of your post reads like a stuck up well to do! Take that same attitude intentional or not to anyone else and you will get no positive reposnse at all.

Do you have a case against Police?
No you do not. They were acting based on the info they were provided. Your behavior provoked their actions they were acting on the request from the retailer. The correct response would be to allow them to search and give them your ID. Regardless they acted properly and there is no crime in being rude or you too would have been arested

Do you have a case against retailer?
Yes and no. Yes you could sue them (The retailer) but that could cost more than any reward and would take a year or more to resolve if then. do you really want to waste that kind of time?

No in my view the correct actionis to contact the retailers main office and demand compensation. They will likely offer you a giftcard. Take it you wont do any better than that. You might also request that whoever instructed Police to contact you being fired or written up.
 
I was trying to be polite. My point is you r post gave off some very bad vibes and I feel they may harm any action you seek to take for the wrong to you. I have seen what happens with a lot of these cases when the victim "you" gives off the wrong idea when seeking to right a wrong. I want you to get this corrected and the "vibes" you gave off (to me at least) will not accomplish that in my view
 
There is no case against the retailer. They did not stop you or accuse you. In fact the clerk said it wasn't you. Think about this, someone robs a person, the cops will detain suspects and have the person that was robbed Identify them.

You were held up. Things happen. Good luck to you and happy holidays.
 
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