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  1. #1

    Unhappy After a shoplifting offense, can my home be searched?

    hello.
    Here in TX, after a $52 s'lifting charge at a Sam's Club (membership revoked for life, taken to local jail, charged, fingerprinted, mugshot, spent the night, taken to county, posted bail, now home). I am so sorry to have done such a stupid thing (3 dvds). Have made an appt w/ an attorney, a behavioral therapist and will have to wait for a court date. I am wondering if a store, or the county will come into my home with a search warrant. I told them that this is my first offense, no prev. charges of anything, not even a speeding ticket. Will I be able to get the charge dropped to a class c misdemeanor or will this hang over my head for the rest of my life? I want to change my behavior by understanding why I did this and will get control over my life, but I can't shake the fact that they won't believe me and will tear my home apart? What is the basis of them issuing a search warrant? If the amount taken would have been $2 less, the police would not have been called and it wouldn't be the mess that it now is. Not that I have told them I didn't do it, I admitted my mistake, apologized, offered to make ammends, told them how sorry I was. It was stupid, no one else to blame here. Just wondering, I was not 'read my rights'. Does this take place anymore?

  2. #2
    panther10758 Guest

    Default Re: After a shoplifting offense, can my home be searched?

    Quote Quoting idioticchoice
    View Post
    hello.
    Here in TX, after a $52 s'lifting charge at a Sam's Club (membership revoked for life, taken to local jail, charged, fingerprinted, mugshot, spent the night, taken to county, posted bail, now home). I am so sorry to have done such a stupid thing (3 dvds). Have made an appt w/ an attorney, a behavioral therapist and will have to wait for a court date. I am wondering if a store, or the county will come into my home with a search warrant. I told them that this is my first offense, no prev. charges of anything, not even a speeding ticket. Will I be able to get the charge dropped to a class c misdemeanor or will this hang over my head for the rest of my life? I want to change my behavior by understanding why I did this and will get control over my life, but I can't shake the fact that they won't believe me and will tear my home apart? What is the basis of them issuing a search warrant? If the amount taken would have been $2 less, the police would not have been called and it wouldn't be the mess that it now is. Not that I have told them I didn't do it, I admitted my mistake, apologized, offered to make ammends, told them how sorry I was. It was stupid, no one else to blame here. Just wondering, I was not 'read my rights'. Does this take place anymore?
    Why are you concerned about your house being search? What are you hiding? You misunderstand miranda rights not having your rights read will have no effect on charge. Getting charged dropped etc are issue for you and your Attorney to work out. You might also talk to Attorney about Diversion and if you qualify

  3. #3
    Join Date
    Oct 2006
    Location
    UTAH
    Posts
    178

    Default Re: After a shoplifting offense, can my home be searched?

    Quote Quoting idioticchoice
    View Post
    hello.
    Here in TX, after a $52 s'lifting charge at a Sam's Club (membership revoked for life, taken to local jail, charged, fingerprinted, mugshot, spent the night, taken to county, posted bail, now home). I am so sorry to have done such a stupid thing (3 dvds). Have made an appt w/ an attorney, a behavioral therapist and will have to wait for a court date. I am wondering if a store, or the county will come into my home with a search warrant. I told them that this is my first offense, no prev. charges of anything, not even a speeding ticket. Will I be able to get the charge dropped to a class c misdemeanor or will this hang over my head for the rest of my life? I want to change my behavior by understanding why I did this and will get control over my life, but I can't shake the fact that they won't believe me and will tear my home apart? What is the basis of them issuing a search warrant? If the amount taken would have been $2 less, the police would not have been called and it wouldn't be the mess that it now is. Not that I have told them I didn't do it, I admitted my mistake, apologized, offered to make ammends, told them how sorry I was. It was stupid, no one else to blame here. Just wondering, I was not 'read my rights'. Does this take place anymore?

    you admidmitting means nothing. THey all ready knew you stole from them so even if you said you did not it would not change anything. NO they will not come to your house!!! why would you even think that? Must have some lab or more stolen goods there? Just talk to your counsel and get the charges as low as you can and seek help. Take control of your life.

  4. #4
    Join Date
    Apr 2006
    Posts
    641

    Default Re: After a shoplifting offense, can my home be searched?

    Yes they can search it

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: After a shoplifting offense, can my home be searched?

    Not without a warrant (or permission)... and getting caught shoplifting in a store isn't likely to be deemed sufficient to create probable cause, even by a very sympathetic judge.

  6. #6
    Join Date
    Oct 2006
    Posts
    18

    Default Can my home be searched? Yes, but...

    Yes, they can search your home but they would need 'probable cause,' the legal standard that encapsulates a situation where they convince a judge that there appears to be illegal activity or contraband in your home. One simple shoplifting charge isn’t enough for this, however.

    They need specific evidence of some other types of theft or wrongdoing, enough to give the police a reasonable suspicion something will be found in your home. They can’t just search your home because you shoplifted once. A search warrant isn't a license to go snoop for something, anything.

    They need to convince a judge that it is likely they will find evidence of a specific crime or criminal activity--but it needs to be specific. They can't just say "Hey judge, he's a shoplifter so we think there is more stuff at his house...give a search warrant, please." No, it doesn't work like that.

    Of course, the police can simply ask you to allow them to search your place and you can give them permission in which case they don't need a search warrant.

  7. #7

    Arrow Re: After a shoplifting offense, can my home be searched? The end result

    Thank you to those who posted.
    I retained a lawyer (after visiting MANY) who, because this is Texas, knew that the court wouldn't drop or change the charge. he was honest about that. The amount I took was $52, but it may as well have been $500 for all that they care about. I had to put my trust in him and let him do his thing. I have had my court date and here is the outcome:
    Paid for court costs and fine (total $575) out of my bond amount. Got a refund check immed, but only because we had paid cash to post bond. If you use a bail service, it will take longer and they take a 10% cut.
    I was given 24 hours of community service,
    one year ban from the store I stole from,
    have to pay $25 to Crimestoppers and
    do probation for one year ($50 a visit to PO).
    I rec'd deferred adjudication (12 months) as a misdemeanor B. Deferring means there was no conviction, but to get caught doing ANYTHING in the next year and my ass goes to the hoosegow for up to 24 months. By trying to say that 'it wasn't me', 'I didn't do it', 'someone set me up', or anything stupid like that it would have been not admitting to the fact that I broke the law, and I did. They know it and so do I. I've learned my lesson.

    Is shoplifting a few buck worth of stuff worth doing it? Lets see: $1200 for lawyer, $575 for fines, $625 for PO fees, $3000 for therapy.....NO. I also have to take an 'anti-theft class', another $60. To add to this, the embarrassment of the entire thing, the fact that I can't volunteer school and hospital events (they run background checks). The fact that right after I was caught, I received at least 30 letters from lawyers (fishing for business) all stating that they knew I had been arrested and they got my name off a 'daily report log' from the county. If any of those letters got into the hands of any of my neighbors' mailboxes, I can't imagine...

    I started to see a therapist to determine why I would engage in a self-destructive behavior like this. It is working through many issues and digging deep. The urge to steal just isn't there. If the only reason to steal was to get attention, then that happened, in spades. I was honest with my husband and together we have worked out a lot of matters in our relationship and he is a big help.

    If you are in a situation where you think you can get away with this by using some lame-ass argument like "I've never done this before", think again: They've heard it all before. Don't even bother. They've heard it all before and know you're lying. Stand up, take your lumps, pay your dues and be a better human being and a role model.

    By the way, your probation officer (or parole officer) if you commited a felony theft DOES ABSOLUTELY HAVE THE RIGHT TO COME TO YOUR HOME AND INSPECT IT.

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