Just want to say beforehand...Sorry for the long story.....here goes...
Tonight my brother and I decided to go to Best Buy as I need to purchase an adapter to listen to music off my PDA on my car stereo since I was tired of using fm modulators. Soon after we arrived my brother went to check out cd's as he was looking to purchase a Megadeth cd. I myself went around the audio/video section in search of an adapter. After 20 minutes of searching every single thing they had ot offer I decided to ask someone to help me. they led me into the direction of the car stereo department. By this time it was nearing closing time. They had pallets of merchandise stalked up to display. I had to wedge between two pallets of merchandise as I had spotted what I had needed behind all the pallets. I had in my hand two different adapters that I thought might work and was reading the packaging to compare why one was 60 and the other was only 10 bucks. The $60 one had open packaging with an OPEN BOX ITEM sticker attached to it. I was curious as to whether or not everythign was inside of it so I poked around the packaging to see if everything that was shown on the packing was inside. All of a sudden someone pokes me from behind causing me to jump as I was startled. The employee asks if he can help me. I told him I was just trying to see if everything was inside since it was an open box item. He says okay and that he'd be over near the computer if I need any assitance. I decide that I am going to go with the 10 unit and place the $60 one back on the shelf. By this time it had been about 20 minutes sinc eI'd seen my brother. I walked around the store looking for him. I did not spot him and at this time i was notified by an employee that they were closed and i needed to pay for my purchase. So I walked to the front of the store with the item in hand and stood in line to pay along with the remaining customers. a couple minutes later an employee approaches me and asks "where is the cd you were opening". I raised a brow and questioned him what he was talkigna bout as I had no clue. He then proceeds by tellign me "come on bro I knwo you opened a cd so where is it?" I started getting pissed as I seriously had no idea wtf he was talking about and people around me were looking at me all funny. I started turnign red and at this point I raised my voice and firmly said "I have no idea what you are talking about". The employee gets about an inch from my face and tells me that I need to calm down or else its goign to get ugly and he's goign to call the cops. I am a pretty built guy at 5'10", 225 pounds. The employee was a big fat guy about 6 feet tall weighing around 280-300 pounds. I told him to back off at this point and that he better rethink what he's tellign me. Now he's literally breathing in my face. He calls over the employee that had notified him of me "opening the cd". This employee happens to be the guy that startled me while I was comparing the two adapters. The employee tells him that it wasnt a CD and it was actually an adapter..which he happens to have in his hand. He tells the fat guy that he saw me trying to take the stuff out and put it in my pocket. So they are both in my face now. I feel threatened and have my hand where my lockback knife is clipped on my pant pocket ready to defend myself if need be. The guys both start to tell me "lets take this outside bitch". then one says I get off in 4 minutes. At this time you can believe Im furious. I take the adapter I had in my hand and toss it on the counter and walk out. Which at this point the guys both follow me out and start to cuss me out and tell me to watch my back. We exchange a few words and a crowd gathers. About 20 people are gathered now(employee's and remaining customers). A female employee comes out and grabs the two and tells them to get inside and call the police. I walk to my car where i find my brother waiting for me and as Im driving a guy waves at me and I approach him. he(turns otu to be the manager) informs me that he has called gthe police and if I dont leave immediately he will have the officer charge me with theft and assault. I tell him to back off and explain that I had not doine anything. The fat employee and his sidekick start calling me out and take off their shirts while they are still inside and Im outside talking to the manager. The manager informs them to go to the back. They leave and I turn and leave. I get in my car and drive home enraged over the incident. NOW...... my BROTHER ON THE OTHERHAND... DID BUY the cd that he had OPENED INSIDE. I even showed the manager the receipt and the cd which another employee agreed she had seen my brother PURCHASE THEN OPEN.
Now....my question........... Is there any law against accusing/searching someone prior to them leaving the store? I was in line at the time with the item in hand in plain view waiting to pay. Does california have a law for concealing items with intent?
I was wrongfully accused for the wrong item.
I was checked prior to leaving or being able to pay for what i had in hand.
i was humiliated and felt shocked over the whole situation.
the employee's were engaging me in a physical fight while on the clock.
did Best Buy break any laws in this situation I just mentioned? Were they in the wrong? If i am in the wrong i want to rectify the situation so that i dont feel like im getting dogged everytime i go there as this is the only best buy within 2 hours from me. if they are in the wrong i want to know as i want to avoid ever going back there again and will be contacting a lawyer. How do I get a copy of the surveillance tape? Everything is clearly on there as it was directly in frotn of it near the registers and enterance in case I need it for any legal actions. Thank you for any help you guys can provide.