As she came out, the plainclothes guys confronted her, indicated they knew she had something in her purse. She protested, tried to keep walking. They grabbed her, and she kept trying to push past. They were frustrated. They even offered her a pretty sweet deal: “Fine, just give it back and you can go.” But she didn’t bite. Kept trying to fight her way out instead.
So they overpowered her, cuffed her, while the uniformed guy came over and showed her a photo on his iPhone: “Look,” he says, “It’s you.” She’d been busted earlier trying to make off with the same item. And she didn’t even change her outfit for the second attempt.
she should file assault charges.. the most they are supposed to do is ask her to stop.. if she doesn’t they can’t forcibly stop her unless they are a cop, all they can do is tell her she is no longer welcome on the premises, and that if she comes back it will be trespassing.
Cliff, that’s not correct. Store owners can use reasonable force to detain someone they believe is a shoplifter. It’s called the shopkeeper’s privilege. If suspect uses some sort of force to try and get away, they can be charged with what is called an Estes robbery instead of just petty theft.
Wait… Are those actual police officers? Or store detectives? If they’re store detectives they have no right to physically restrain her, that is assault and battery, and also false imprisonment, amongst other possibilities.
If they ARE actual police officers? Well, then, she got what she had coming, I suppose.
If those aren’t cops, you’ve got some interesting evidence there concerning a sort of imprisonment/assault situation. Prepared to testify? Don’t delete this post – it’s potential evidence in a criminal case.
Sounds like they had proof of the shoplifting, in which case they can detain. It sounds like they arrested her, though, which means it was police.
I was assaulted in that parking lot over a parking space — won’t go anymore. Police came real fast for me, I’m sure they came really fast for this.
As far as I know, Store detectives CANNOT detain. Not unless they are deputized officers of the law, which, generally speaking, they are not.
My husband got roughed up by the Safeway store security once. It was terrifying. They thought we stole something, but hadn’t. and grabbed my husband and forcibly put his hand behind his back as we were exiting the store. I thought he was being mugged. They were still assholes when we showed them our receipt I hope this woman sues — I wish we had time to file charges.
If someone was stealing Blue Bottle Coffee or PBRs from Zeitgiest, all the Missionites would be saying….HELL YA! ARREST THEM!
Check out the citizen’s arrest law, they are in the right in their actions.
I’m not sure about that. As I read it, the law only allows citizen’s arrest in cases of a felony, or of a directly witnessed “public offense.” However, the penal code is not very clear on what exactly is meant by a public offense, and many things, such as traffic infractions apparently do NOT count as “public offenses,” at least when it comes to justifying a citizen’s arrest.
Yeah, I guess you’re right! I was just reading the shoplifting section of the penal code: http://law.onecle.com/california/penal/490.5.html
Welp, there you go. Moral of the story? If you’re planning on shoplifting? Hide the object in your clothing, and run like the wind if they try to detain you.
Or, y’know. Just don’t be a fucking thief.
This is from a law firm Herr Doktor http://www.burnhambrown.com/index.cfm?fuseaction=content.contentDetail&id=8739
Man, she should just to to Walgreen’s. They let shoplifters do whatever the hell they want.
Look at all of the potential Defense Attorneys here.
You’ve got it backwards, we’re all lawyers for the plaintiff in the assault & battery / false imprisonment suit.
youve got to be an idiot to get caught stealing from there. it’s almost too easy to rack shit from there bwaaaahahahahaha
?
There’s always something going on at Safeway.