Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Page / 12
Link Posted: 3/13/2024 12:29:17 PM EDT
[#1]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Whiskey1Alpha:


I don't think this was larceny. Larceny requires intent. I'd welcome anyone to prove intent in this case.

This was pure stupidity/probably playing on the phone or whatever when she should have been paying attention.

Also, she never left the store.
View Quote


Because they stopped her from leaving.

Paladin
Link Posted: 3/13/2024 12:49:06 PM EDT
[#2]
What part of DONT SHOP AT TARGET do people not understand?
Link Posted: 3/13/2024 1:00:56 PM EDT
[#3]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Bama-Shooter:
I'd fight that.

...

As to shoplifting. Folks would buy lots of stuff and steal a $1 item. Never understood it. And have $1000 in cash on them.

View Quote


I once busted a guy for stealing a $10 rain hat. He was on his way to Atlantic City and had $7,000 in his pocket. Go figure.
Link Posted: 3/13/2024 1:02:24 PM EDT
[#4]
Link Posted: 3/13/2024 1:15:01 PM EDT
[#5]
Here in Florida the officer responding DOESN'T have to make a charge if he/she finds no Probable Cause. I doubt the officer was "made" to do anything. The store LP can request a report which they can take to the State and ask for a charge... which isn't going to happen.

You do not have to leave the store to violate the  Retail Theft statute.

LP can detain, you resist, there's a charge for that "Resisting a Merchant".

I've had similar incidents where I told the LP to basically pound sand. No one can "make" an officer arrest someone. Any cop will tell you stories of how their boss tried to "make" them arrest someone at one time or another... cops with knowledge and balls  simply say no unless they too BELIEVE Probable Cause exists.

As with many of these type threads we only get the "what someone told me" side...



Link Posted: 3/13/2024 1:19:18 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Bohr_Adam:


It literally comes down to tribe affiliations. Do we perceive someone as an "us" or a "them?" Every attempt to apply standards or reason beyond that will only disappoint.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Bohr_Adam:
Originally Posted By DB0351:
Originally Posted By Drsalee:
I thought ARFCOM despised shoplifting.


I used to think the same thing. I was told just yesterday in a thread that we support politicians that are too pro2a in the Brandon Herrera thread.

This forum sadly isn’t what it used to be, in my opinion. People will screech in other threads about thieves and personal accountability. But it’s all a virtue signal.


It literally comes down to tribe affiliations. Do we perceive someone as an "us" or a "them?" Every attempt to apply standards or reason beyond that will only disappoint.


Flexible morals and whataboutism has infected ARFCOM  just as much as it has DU.
Link Posted: 3/13/2024 1:29:02 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By FightingHellfish:
I’m amazed that people in this thread think that an 18-year-old white girl would shoplift from Target and then spin a tale to her dad about it after she got caught.

That’s pretty unbelievable.

View Quote



Link Posted: 3/13/2024 1:31:54 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By King_Mud:


Flexible morals and whataboutism has infected ARFCOM  just as much as it has DU.
View Quote


Yup.
Link Posted: 3/13/2024 2:34:32 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Dale007:
I imagine with the checkout counter things that people miss items all the time. I was at Walmart one time and did not notice an item in the bottom of the cart. Went out to my car was putting stuff into my truck. And noticed that there was an item that wasn't in a bag. Then realized I never use the little wand thing to pay for it. I took it back in and told the lady what happened, she almost laughed at me. But I ran it through the register. And paid for it. The daughter story is totally believable. You don't want these things to happen don't have self checkout
View Quote



I did the same thing once
Link Posted: 3/13/2024 2:50:39 PM EDT
[#10]
Hmm
I am pretty sure there is a lawsuit and possible kidnapping charges for the LP in the wings if you wanted to press it.
Link Posted: 3/13/2024 3:07:03 PM EDT
[#11]
Too bad there was no civil restitution option available.
Link Posted: 3/13/2024 3:10:14 PM EDT
[Last Edit: bgrhammer] [#12]
I'm not saying this is what happened but that's one of the things our clerks are clued in on. I'm sorry ma'am, sir I noticed this item did you check it? Never accusing just questioning their conscience.  If it needed to go further you got a floor manager and it became their problem. If it was checked it was supposed to get a special sticker to show that it was checked through so other staff wouldn't hassel them later. You know bulky crap that goes under the basket,  dog food, bottled water,  soda, beer t.p. kitchen towels.
Link Posted: 3/13/2024 4:24:40 PM EDT
[#13]
I read this story and laughed out loud over it.

Because it sounds like that is the story she TOLD her dad that happened.

Her side of the story.

I would LOVE to see the body camera of what REALLY happened.

Link Posted: 3/13/2024 4:28:21 PM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By 15jonshoot:


This is what I was thinking. Make sure you have the tape of them stopping her inside the store. Show it the judge/jury.
How can it be theft if the items never leave the store?
View Quote



LOL.
Link Posted: 3/13/2024 4:53:55 PM EDT
[#15]
Originally Posted By VACaver:


I once busted a guy for stealing a $10 rain hat. He was on his way to Atlantic City and had $7,000 in his pocket. Go figure.
View Quote


I caught a guy stealing 39 cents in washers.

He went to jail on warrants he had


Originally Posted By jmb9:
Who pays $200 to steal items totaling $40? Plus, she didn’t leave the store and they had eyes on her. Why didn’t they just have her pay for the other items?
View Quote


A lot of people.

Originally Posted By xLucidx:



then I guess everyone walking around with a shopping cart full of items in the store is stealing.
View Quote




If they go past the register towards the exit and bypass the last point of sale, yes.


That’s theft.
Link Posted: 3/13/2024 4:59:36 PM EDT
[#16]
Link Posted: 3/13/2024 5:04:44 PM EDT
[#17]
Link Posted: 3/13/2024 5:08:53 PM EDT
[#18]
If she's lying she better pay.

If she's truthful she better lawyer up.

If it was my daughter and she told me she was innocent, I'd tell her to hire herself an attorney.

I'd also tell her that if after the trial I still agree she hasn't lied to me about being innocent, no matter what happens, I'd cover all the costs she incurred for said attorney.

Link Posted: 3/13/2024 5:11:50 PM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Are-O-Be:
She hasn’t stolen anything until she has left the store. Show up to court and contest.
View Quote

nope it's if you conceal an item in the store OR go past the last point of payment...with an unpaid for item.
Link Posted: 3/13/2024 5:12:46 PM EDT
[#20]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By DocBull:
Hmm
I am pretty sure there is a lawsuit and possible kidnapping charges for the LP in the wings if you wanted to press it.
View Quote

Where the fuck do some of you guys come up with this shit?
Link Posted: 3/13/2024 5:19:53 PM EDT
[#21]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By PainefulCommonSense:

There are frequently 'probation before judgement' rulings that allow the defendant to complete a series of conditions within a time limit to avoid having any record of conviction.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By PainefulCommonSense:
Originally Posted By Bat15:


You don’t get probation for being found not guilty. Getting probation happens to people who plead guilty or are found guilty.  She needs a lawyer.

There are frequently 'probation before judgement' rulings that allow the defendant to complete a series of conditions within a time limit to avoid having any record of conviction.


Thank you for telling us about “probation before judgment”. While it is something to consider, there can be problems.

Whether a probation before judgment counts as a conviction or is eligible for expungement varies by jurisdiction.


Even if it does not count as a conviction, it is an admission of guilt that cannot be appealed. If any of the terms are violated, you have already pleaded guilty.

Source

As many have said before, she needs a good lawyer.
Link Posted: 3/13/2024 5:21:15 PM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By jb31:



I'm not stopping for someone at a store exit.  I could not care less about shopkeeper's privilege or checking receipts.  I'm not stealing and I have a good lawyer.  They literally watch people leave with carts full of goods and are fired for trying to intervene.  The apparently only chose to stop people they think they can intimidate.  Those are the people causing price increases, not some girl forgetting a couple plastic tubs.  They are free to eliminate the possibility and get rid of self-checkout.
View Quote
I don't know if anybody still does it post Floyd, but AP at my store absolutely used to tackle people if they had to. The idea that they only "stop people they think they can intimidate" is a joke.
Link Posted: 3/13/2024 5:27:51 PM EDT
[#23]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By greenranger:
My guess is they had been watching her long before  she came to the self checkout because she exhibited behaviors indicative of someone stealing.
View Quote


That not true. A long time ago I worked in retail managing an auto center in a big box store. I was up in my stock room when our security manager pointed out two attractive scantily clad young lady’s in the health and beauty department which was next to automotive. He spotted a shoplifting and we both saw her concealing a second item. He went after her. For those think it was one of the girls we were observing, you would be wrong. The shoplifter was the mother of one of the girls. That must have been an interesting conversation.
Link Posted: 3/13/2024 5:31:06 PM EDT
[Last Edit: greenranger] [#24]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By jmb9:
Who pays $200 to steal items totaling $40? Plus, she didn’t leave the store and they had eyes on her. Why didn’t they just have her pay for the other items?
View Quote

Buying some items is good cover for the “mistake” defense for gullible people. See this thread for examples
Link Posted: 3/13/2024 5:37:38 PM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By BigHate:



Without a doubt. I worked some pretty rough areas when I did it and would be in more scraps in a month than I have been in my entire LE career. Lot's of retailers are shying away from physical detention due to lawsuits and liability, honestly don't know if Target allows that anymore.
View Quote



There may be a shift to be more aggressive in recent years, but I recall in the past decade, we’d be hard pressed to get any cooperation from stores in prosecuting most cases, unless stopped and detained in the store, from simple beer runoffs from gas stations to shops dealing with stolen property. Example, a gas station would call about beer shoplifting, description, car, car tag, even have video, and if the thief caught, 99% of the time refuse to sign charges.

Christmas time enforcement operations around malls and outlets, set up surveillance looking for shoplifting, car burglaries, etc… cop sees someone running out of a Levi store with ten pair of jeans… the store won’t pursue charges and most retailers won’t even take merchandise back. We’ve stopped cars in the mall lots with stolen merchandise from multiple stores and couldn’t get those stores to cooperate.

Warrants served on sect 8 apartments set up as alibaba markets for shoplifted merchandise, labels and price tags intact. We never had a retailer willing to testify… they’ll complain to city or county government about rampant shoplifting but rarely follow through by participating in cases and prosecutions.

Link Posted: 3/13/2024 5:43:11 PM EDT
[#26]
These threads always go the same way... some just eat the entire story hook, line, and sinker with minimal hearsay.

IMO, it could have been an honest mistake or it could have been a calculated risk. Twenty-five years of experiencing shoplifters I've seen just about all there is to see.

Those saying she never left the store so she never committed the offense... that technically carries no weight in the three states I've worked LE. There are other actions/omissions that provide for a prima facie case. Physically leaving the store is but one element in most states I would suspect and certainly not a mandatory element.

Those suggesting the young lady was kidnapped... JHFC... really? Many states have statutes that empower employees to stop and detain, the defendant apparently rolled away from the register without paying for the two items so the approach and detention was certainly reasonable. This is not to say the subsequent investigation was good or bad. Many states have additional penalties for those who resist "reasonable efforts" to make the initial stop/detention.

Not the first time an ARFCOM'er told a story, the members rush to defend, only to have egg on their collective faces in the end.  

All I know is shopping carts are see-through... how you UNLOAD your buggy at the register then RELOAD the stuff back into it without noticing what's below is suspect... not impossible... it could happen. I'd have to see the in-store video, how things unfolded, and the actions/omissions of the defendant before I could begin to render an opinion.

One thing I feel very strong about is the defendant's claim that the cop was "made" to issue the charge... that's extremely suspect and taints the truthfulness and honesty of the rest of the defendant's story in my mind. No fucking store clerk is going to be successful in telling a cop who says there is no Probable Cause to make the charge anyway... not in any of the places I've worked and I've experienced the same thing multiple times over the years as a cop and responding supervisor when the clerk didn't get their way.

I'm inclined to believe it was an honest mistake... but the other things mentioned above make me lean towards she knew what she was doing.

Bottom line is none of us have enough information to fall on our sword one way or the other... to do so is foolish.





Link Posted: 3/13/2024 5:44:02 PM EDT
[#27]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By buckshot_jim:



View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By buckshot_jim:
Originally Posted By FightingHellfish:
I’m amazed that people in this thread think that an 18-year-old white girl would shoplift from Target and then spin a tale to her dad about it after she got caught.

That’s pretty unbelievable.






A man can be an artist... in anything, food, whatever. It depends on how good he is at it. FightingHellfish's art is sarcasm.
Link Posted: 3/13/2024 5:56:47 PM EDT
[Last Edit: JoeSP1] [#28]
Unless she's shopping at Target on her parents credit card, she's probably not flush with cash.

Kids/teens/young adults (hell 95% of America) shop with a somewhat limited amount of money knowing that everything they purchase is a big want or somewhat of a need.

I'm not the smartest man in the world, but I'd be willing to bet that she went to Target knowing that she wanted a couple of storage bins. She very purposefully placed them in or under the cart because it was an item that she went to the store knowing one way or another, she was going to leave with.

Regardless if she intended to pay or not, she was going to leave with those bins because society today (especially her generation) requires, even demands instant gratification. I want it/I need it, I'm going to have it right now. That's why credit card debt is so high.

I'm also willing to bet that this is not the first time that she has left the store with unpaid merchandise either from that particular store, or other stores in the area including other chains.

Every time she does this, she gambles. Every time until this most recent encounter, she has won. Everyone's luck runs out at some point, and this time she got caught.
Link Posted: 3/13/2024 6:05:53 PM EDT
[#29]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By JimEN:
I'd hire an attorney.

View Quote


+1

@Whiskey1Alpha

Tell him to get a fucking lawyer.  Holy shit, pay a lawyer to make it all go away or this will haunt her the rest of her fucking life.
Link Posted: 3/13/2024 6:08:31 PM EDT
[#30]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Whiskey1Alpha:


We visited that idea as he had by himself. He had called a few people and they all wanted somewhere between $2500-$5000 for a retainer.

She has 0 criminal history. There is 0 intent. The fines for it posted online in Nevada seem to be around $400ish dollars and the no contest/in lieu pleas are sealable after 6 or 12 months.

View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Whiskey1Alpha:
Originally Posted By JimEN:
I'd hire an attorney.


We visited that idea as he had by himself. He had called a few people and they all wanted somewhere between $2500-$5000 for a retainer.

She has 0 criminal history. There is 0 intent. The fines for it posted online in Nevada seem to be around $400ish dollars and the no contest/in lieu pleas are sealable after 6 or 12 months.



Tell him to stop being cheap and get his head out of his ass.  Lawyer.  Now.  Don’t go into a courtroom without one.  We shut down our clinic in 2021 and the IRS says we owe money.  Look over the tax return and our accountant fucked up.  It’s in a tax attorney’s hands.
Link Posted: 3/13/2024 6:09:19 PM EDT
[#31]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By StevenH:
Criminal defense attorney
View Quote


+1

Please listen to the the retired LEO!

Link Posted: 3/13/2024 6:14:11 PM EDT
[#32]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By FluffyTheCat:



I'm a real defense lawyer and here's what she needs to know.

It may seem to be a weak case, but she should take it seriously.  She should NEVER plead guilty to something that she did not do

To commit theft she would have had to intended to take those two items. Without intent, there is no theft.

She needs to hire a lawyer.  If she were to run into the wrong prosecutor and/or the wrong judge, she could wind up with a criminal record.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By FluffyTheCat:
Originally Posted By Whiskey1Alpha:
Longtime friend came over for BBQ and beer this weekend. Tells me a story of his 18 year old daughter that went to Target, used the self checkout and forgot 2 smaller items on the bottom shelf that amounted like like $40 after paying for $200+ items that were in the cart.

Checks out, walks to the door and before she leaves 2 random dudes come up to her block her, 1 grabs the cart almost pushing her back and they tell her forcefully that she needs to come with them. She has zero idea what to do, doesn't think she did anything wrong and goes with these guys to the security office where they tell her they just caught her stealing. She's confused as she has a receipt. They say they're calling the cops and she freaks out as she has never been in trouble at all with anything.

The big mistake here is that she is too scared/embarrassed to call dad at this point as he would have asked if an officer was present (there was none) and told her to have either left or to meet him outside in the parking lot to figure out WTF was going on. Instead, she sits there for almost 2 hours until a officer decides to show up as I'm sure this guy didn't want to deal with the paperwork. The hilarious thing is that while she was sitting there for 2 hours, they pulled in 2 black girls who literally started fighting with the staff and they were mysteriously gone by the time the officer arrived.

Officer shows up, talks to the security office people and they fill him in on the 'theft'. He looks at the camera footage and instantly tells them it clearly looks like an accident with zero intent. Offers to have her pay for the items and be done as well as mentions that she did not actually leave the store with any items and she must be some criminal mastermind to buy 200$ worth of items to steal 2 plastic storages boxes left on the bottom of the cart. They don't want to do that as apparently this specific store has been targeted with thieves and they are watching 100% of self checkout transactions hence why they caught this so fast. Officer is forced to write a citation for 'petty larceny' and she's sent home. Get's a mailer card a bit later with a court date.

Dad has called the court, prosecutors office and no one knows anything other than there's a court date. He googled the charge and its a misdemeanor with usually some smallish fine and can be sealed within 6 months to a year - makes a lawyer basically unwarranted especially due to cost. Main issue right now is none of us have ever had to deal with any court stuff, for anything other than a divorce.

She has a court date set middle of next month that basically gives her case number, time/date and where to go.

We were trying to figure out what was next? She shows up to a shitty downtown judicial building and sits around for hours to get some copy/paste 'deal' for a fine? Or what usually happens here? I can't imagine they'd actually send this to a trial or whatever as A. she has 0 history B. the case is flimsy as it is as the first thing needed to prove petty larceny in Nevada is intent and C. who the hell would want to waste time and resources on this?

What usually happens at that point?

It's insane to me watching people steal thousands from stores on youtube and ransack gas stations and malls with zero repercussions yet we end up with this?



I'm a real defense lawyer and here's what she needs to know.

It may seem to be a weak case, but she should take it seriously.  She should NEVER plead guilty to something that she did not do

To commit theft she would have had to intended to take those two items. Without intent, there is no theft.

She needs to hire a lawyer.  If she were to run into the wrong prosecutor and/or the wrong judge, she could wind up with a criminal record.


+1

Lawyer up!

And even if she really did intend to steal the items, she still needs a lawyer.
Link Posted: 3/13/2024 6:16:28 PM EDT
[#33]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Whiskey1Alpha:
Just talked to him. Another question:

He says the court date is an arrainment.

My understanding is this is simply where you would say guilty or not guilty?

So no deal to drop or no contest or whatever you would say not guilty and then end up with a court date in the future for a trial?
View Quote


These are excellent questions, for her lawyer!
Link Posted: 3/13/2024 6:22:56 PM EDT
[#34]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Aimless:
Get a lawyer, the prosecutor will drop it
View Quote


+1

Bingo.  Someone with a lawyer isn’t low-hanging fruit.
Link Posted: 3/13/2024 6:23:59 PM EDT
[#35]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By FluffyTheCat:
I've been a lawyer for longer than some of you guys have been alive.

SHE NEEDS TO HIRE AN EXPERIENCED LAWYER. THIS IS NOTHING TO SCREW AROUND WITH.
View Quote


+1

OP, if your friend doesn’t hire a lawyer, anything that flows from this is his fault.
Link Posted: 3/13/2024 6:51:47 PM EDT
[#36]
I think C-4 wants you to get a lawyer OP
Link Posted: 3/13/2024 6:57:13 PM EDT
[#37]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Serenity7:
Attorney and counter sue for assault.
View Quote

this
Link Posted: 3/13/2024 7:21:20 PM EDT
[#38]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By GeneralDisaray:
I think C-4 wants you to get a lawyer OP
View Quote

He’s da bomb
Link Posted: 3/13/2024 7:25:43 PM EDT
[#39]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By JimEN:
I'd hire an attorney.
View Quote

Link Posted: 3/13/2024 9:01:08 PM EDT
[#40]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By jDrexler:

Where the fuck do some of you guys come up with this shit?
View Quote

It’s only been addressed about 100 times on here.  Even by lawyers.  I think some posters believe the tv ads from Morgan and Morgan.
Link Posted: 3/13/2024 9:09:05 PM EDT
[Last Edit: Alembic] [#41]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Are-O-Be:
She hasn’t stolen anything until she has left the store. Show up to court and contest.
View Quote


This.

Nope, forgot past point of sale.
Link Posted: 3/13/2024 9:52:42 PM EDT
[#42]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By TNhunter:
Lawyer up and In turn go after them with anything that might stick and especially almost there your attorneys fees.
View Quote


You don’t have the slightest legal education, I see…
Link Posted: 3/13/2024 9:54:14 PM EDT
[#43]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Bohr_Adam:


A man can be an artist... in anything, food, whatever. It depends on how good he is at it. FightingHellfish's art is sarcasm.
View Quote


@Bohr_Adam I agree, that was comedy gold.
Link Posted: 3/13/2024 10:05:49 PM EDT
[#44]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By BloodRaven:

First, get an attorney. No question about that. Then, tell the attorney what the cop said. Maybe they can get the cop on the stand and have him repeat what he said to the judge. If the judge hears it from a cop, he's more likely to dismiss.

Worth a shot, imo.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By BloodRaven:
Originally Posted By Whiskey1Alpha:
Officer shows up, talks to the security office people and they fill him in on the 'theft'. He looks at the camera footage and instantly tells them it clearly looks like an accident with zero intent. Offers to have her pay for the items and be done as well as mentions that she did not actually leave the store with any items and she must be some criminal mastermind to buy 200$ worth of items to steal 2 plastic storages boxes left on the bottom of the cart. They don't want to do that as apparently this specific store has been targeted with thieves and they are watching 100% of self checkout transactions hence why they caught this so fast. Officer is forced to write a citation for 'petty larceny' and she's sent home. Get's a mailer card a bit later with a court date.

First, get an attorney. No question about that. Then, tell the attorney what the cop said. Maybe they can get the cop on the stand and have him repeat what he said to the judge. If the judge hears it from a cop, he's more likely to dismiss.

Worth a shot, imo.


The cop’s opinion about her intent is not admissible under the rules of evidence in most states.
Link Posted: 3/13/2024 10:09:56 PM EDT
[#45]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By GenoGS:
Whenever GD gets mad about the police doing something I'm going to remember this thread where half the posters demonstrate how they don't know shit about fuck.
View Quote

Team America: World Police (10/10) Movie CLIP - Dicks, Pussies and Assholes (2004) HD
Link Posted: 3/13/2024 10:25:54 PM EDT
[#46]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By jollyg83:



Wow man, I think living in Ukraine has really fucked with your head.  Here in America, Loss Prevention dufus wannabe cops can’t detain people.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By jollyg83:
Originally Posted By fadedsun:
Originally Posted By CryptoMan:
I just want to know what right they had to detain her?? Store security are not cops.  Sounds like kidnapping to me.

To bad she didn't have a gun and shot them as soon as they put her in the room.  2 to the chest and one to the head


Holy crap

Store security is allowed to stop people to detain them for theft.

She would have been arrested for Robbery, Murder, and instead of a simple theft with a fine going to actual jail and prison.



Originally Posted By FluffyTheCat:
I've been a lawyer for longer than some of you guys have been alive.

SHE NEEDS TO HIRE AN EXPERIENCED LAWYER. THIS IS NOTHING TO SCREW AROUND WITH.


I agree.

I imagine it's not as the OP was told but she can take this as a learning experience and change.

Originally Posted By 53x11:
This is easy. Lawyer up.  Civilly sue target.  

Target drops charges, they pay your legal fees and she can buy herself a new Kia.


Large companies go through great lengths to avoid civil suits and they roll the dice that you won’t hire an attorney. The second they sense any real backlash they will tuck tail and run away.  



Sue them for what?

Even in the OP's scenario a stop is still justified and the elements of theft are met.



Wow man, I think living in Ukraine has really fucked with your head.  Here in America, Loss Prevention dufus wannabe cops can’t detain people.



You are quite wrong. Look up La C Cr P Art 215. Most states have something analagous.
Link Posted: 3/13/2024 10:38:30 PM EDT
[#47]
Worked every role in loss prevention Target has over a period of 10 years.

Like said before this is nothing to joke around about. Get a good lawyer.

Just wait until she gets the civil demand letter for $200 plus the cost of the items or they will send it to collections.

Depending on the state laws, but Target has proprietary security training that is documented and 100% in house. This usually exempts loss prevention employees from being charged for using physical force to detain someone. Again, depends on the state.

We did yearly use of force training to detain and handcuff people at Target.


If you want to know how Target loss prevention works or have questions on their tactics let me know, they’re dead to me.

Asset Protection Specialist is their plain clothes loss prevention officer.

Asset Protection Team Leader is an hourly manager who can detain shoplifters.

Executive Team Leader Assets Protection is a salaried store manager also running the assets protection team. They can detain shoplifters and handle internal theft. Can interview and fire employees for theft.

Five steps required for detainment:
1. Observe person enter store without merchandise.
2. Select merchandise in store.
3. Conceal merchandise.
4. Maintain visual contact with thief, after concealing merchandise, so they don’t discard it.
5. Pass all active points of sale.

Gets a little tricky since the merchandise in question here was not concealed.

$20 and up required prosecution. Under $20 is judgement call.

There are entrance and exit cameras as well as cameras at each register synced to the point of sale. Video will show when each item is scanned etc.

Video is digitally stored and can be accessed remotely via “Target Video Solutions” which is their proprietary camera program. A copy of the video burned to a cd, receipt of stolen items, picture of the person detained, copy of all written statements, pictures of the items will all be stored in an envelope which is placed in a secure locker. The locker is under serveillance in the assets protection office.

The assets protection offices and video recorded. The only non public office that are recorded.
Link Posted: 3/13/2024 10:42:29 PM EDT
[#48]
Here we have learned a few things.

1. Fuck Target because they prosecute shoplifting
2. You cannot detain someone with stolen goods.. ever
3. Theft only occurs once you hit the parking lot.  Lets not count the fact you passed by all the P.O.S with an unpaid item.
4. Ignorance (of failure to paying for an item you missed) is a defense.
5. Self checkout sucks its not my fault if I miss something (see points 1,3,4).

Did I miss anything?

BTW fuck target for a lot of things.. but not for prosecuting shoplift... Retail theft costs get passed to the consumers who actually pay for their shit.
Link Posted: 3/13/2024 10:47:24 PM EDT
[#49]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By dahugo:


The cop’s opinion about her intent is not admissible under the rules of evidence in most states.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By dahugo:
Originally Posted By BloodRaven:
Originally Posted By Whiskey1Alpha:
Officer shows up, talks to the security office people and they fill him in on the 'theft'. He looks at the camera footage and instantly tells them it clearly looks like an accident with zero intent. Offers to have her pay for the items and be done as well as mentions that she did not actually leave the store with any items and she must be some criminal mastermind to buy 200$ worth of items to steal 2 plastic storages boxes left on the bottom of the cart. They don't want to do that as apparently this specific store has been targeted with thieves and they are watching 100% of self checkout transactions hence why they caught this so fast. Officer is forced to write a citation for 'petty larceny' and she's sent home. Get's a mailer card a bit later with a court date.

First, get an attorney. No question about that. Then, tell the attorney what the cop said. Maybe they can get the cop on the stand and have him repeat what he said to the judge. If the judge hears it from a cop, he's more likely to dismiss.

Worth a shot, imo.


The cop’s opinion about her intent is not admissible under the rules of evidence in most states.

But muh training and experience...
Link Posted: 3/13/2024 10:52:16 PM EDT
[#50]
A guy I knew got charged with theft.  He used the wrong dumpster out of a line of dumpsters behind his apartment complex.  Seems that half of them were for the other complex across that alley.  

He had problems getting jobs due to the “Oh well, it’s a 50 dollar fine, I’ll just pay it.”  

I guarantee you that he wishes he had hired a lawyer to get it thrown out.
Page / 12
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top