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Wrongfully Accused of Department Store Theft (CRIMINAL LAW & PROCEDURE)

Wed, 27 Sep 2000 05:45:00 GMT
Tags: accosted, accused, back, bag, contents, criminal, department, law, procedure, questioning, receipt, security, shopping, store, target, theft, wrongfully

I was accosted by security on my way out of a Target, and taken in back for questioning. I showed them my shopping bag, my receipt, the contents of my pockets, and was frisked repeatedly. At one point a security personnel
walked in with a half-opened box of a home pregnancy test, which I had NEVER EVEN SEEN before, let alone handled. This really scared me, and after that I had no idea what they'd be capable of. The only explanation I can think of for their zeal was the fact that I was in the store for a long time due to a deluge that was going on outside, and that I had carried around a couple items that I decided to put back at the last minute before hitting the checkout. Also the storm caused a sudden power outage while I was in there, leaving the lighting a little dim which may have rattled the guards somehow. I don't know.
My question is two-fold. First, what are the rights of a private security force like that, as far as how long they can detain you without calling police, whether they can take your picture without your consent (which they did), and any other major ways their authority differs from the police.
Secondly, I recently received by mail a demand for restitution, indicating the matter was not over. They gave me a dollar amount, but did not say what I was accused of stealing. They gave me the option of disputing the claim in writing, which I obviously did. My question is, what's likely to happen next? Should I expect a knock on my door from the police, based on something the store's security fantasizes they saw on a videotape? Can I still be arrested, even though they checked me at the store and let me go? I have never stolen or even been accused of stealing anything before in my life.
Any expert help will be appreciated. Thanks.

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  • Thu, 28 Sep 2000 11:53:00 GMT(1)
  • Unfortunately I wrote and sent the letter before I came here and got the good advice from Tracey on what to say(see above thread).
    I basically denied the charges and told my side of the story, which was what I thought you do when you "dispute" something. I've got another letter ready that follows Tracey's suggestions, but not sure whether that would help or hurt me at this point - 2 days since my sending the original dispute.
    Tracey, would you say send it?
    The fine itself is $100, and the value of the undisclosed merchandise they're claiming I took is a little over $10. There were somewhere between 5 and 7 guards I'd say. All males, and I'm male. One guard said he saw me do something by the shoe department, which is miles from the pharmacy, if they're accusing me of tampering with that pregnancy test box. That's the problem - they're not being specific about what was supposedly taken!
  • Wed, 27 Sep 2000 12:46:00 GMT(2)
  • even if you did reach in your pocket for a shopping list when they searched you, you had nothing. and for the box. they have no proof it was you . they are going to try to scare you. dont fall for it tell them you will sue. they are trying to interigate you. now if you know you did nothing wrong you have a sweet law suite on your hands.
  • Wed, 27 Sep 2000 05:53:00 GMT(3)
  • (Oops, I just saw the little red reminder...
    I'm in Illinois)
  • Thu, 28 Sep 2000 00:06:00 GMT(4)
  • Thanks bellestar and Tracey. Your answers have given me some hope, but I don't feel I can rest easy quite yet. I suppose I'll need to speak directly to an attorney to have all my concerns addressed. In the meantime you two have been a great help. Thanks again.
  • Thu, 28 Sep 2000 16:19:00 GMT(5)
  • They can't "fine" you. Only a court can do that. Furthermore, it is generally a crime to demand money in exchange for not reporting a crime. They can take your money and THEN report you. Hire an attorney to write the letter. It will be MUCH more convincing if it comes on letterhead.
  • Wed, 27 Sep 2000 08:04:00 GMT(6)
  • Thanks bellestar. I DIDN'T DO IT, but what if they have something on tape that they try to twist or misconstrue to make their case with? I mean, I did have a shopping list in my pocket that I reached for at one point! They could say anything, especially after what they tried to pull with that box. Will the fact that they found I had nothing when they searched me help me at all in this case?
  • Wed, 27 Sep 2000 14:08:00 GMT(7)
  • Write them a letter denying the charges & telling them not to contact you further regarding this event, or you will file suit for false imprisonment, intentional infliction of emotional distress, wrongful attempt to collect a debt, etc.
    Please note: they did NOT violate your constitutional rights. The constitution protects you from *police* action. It does not apply to private security guards.
  • Wed, 27 Sep 2000 07:49:00 GMT(8)
  • they have no rights. now if you say you didnt do it the only way they can acually prove it is if they had you on tape. now you really need to hire a lawyer. because they really violated your rights. even the cops say. you have the right to remain quiet.... and you werent even guilty, if you can prove that you werent guilty and prove they had no right to be suspicios you have a serious law suite on your hands, they violated your privacy and embarassed you. so go to a lawyer....
  • Thu, 28 Sep 2000 00:14:00 GMT(9)
  • If anyone else has any light to shed on my case, I would greatly appreciate your input. Thanks.
  • Thu, 28 Sep 2000 19:40:00 GMT(10)
  • Thanks Tracey. I already sent the letter, which I hope wasn't a mistake. I thought time was of the essence. Now I think I will hire a lawyer just to be on the safe side.
  • Thu, 28 Sep 2000 07:53:00 GMT(11)
  • What do you say on your letter when you submit back that you refused to pay for the fine? How much did cost you to pay for the fine? How many security guard arrested you? Is it a female or male? Did they say where they saw you stealing?
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