Accused of Stealing - Do I Even Have a Case

[justwant2know]

My question involves defamation in the state of: florida

AROUND 1 PM I ENTERED THE CVS PHARMACY STORE TO PURCHASE A BOTTLE OF WATER, AS I MADE MY WAY TO THE FREEZER I NOTICE A 19.99 PRICING OVER THE MILK ASSUMING THAT EVERYTHING IN THE STORE WAS EXPENSIVE I DECIDE TO LEAVE. WHILE I WAS LEAVING THE STORE THE STORE MANAGER WHO WAS WORKING THE SHIFT hastily APPROACHED ME AND DEMANDED FOR ME TO REMOVE EVERYTHING OUT OF MY POCKET. I QUOTED "WHAT DO YOU THINK, I STOLED SOMETHING", HE JUST REPEATED HIS STATEMENT SAYING, "TAKE EVERYTHING OUT OF MY POCKET" I ASKED HIM, "WHAT DID I STEAL?" HE DIDN'T ANSWER MY QUESTION HE JUST REPEATED HIMSELF. BEING OUTRAGED I CONTINUED TO LEAVE. I WALKED TO THE BUS STOP THAT WAS DIRECTLY IN FRONT OF THE CVS PHARMACY STORE ON 119TH STREET AND 7TH AVENUE. WHILE I WAITED FOR THE BUS, I CALLED A FRIEND NAMED [removed] TO EXPLAIN TO HER WHAT HAPPENED. WHEN THE BUS FINALLY CAME THAT IS WHEN I SEEN OFFICER BADGE NUMBER [removed] APPORACHED ME. HE CALLED OUT FOR ME, SO I move towards HIM, AS I APPROACHED HIM, HE IMMEDIALTY GRABBED MY LEFT ARM AND DIRECTED ME TOWARDS THE STORE. AS WE MADE OUR WAY TO THE STORE I NOTICE THAT MY ARM WAS BEING PULLED CLOSER TO MY BACK AS IF I WAS BEING PLACED UNDER ARRESTED, SO I STIFFENED MY LEFT ARM AND ASKED THE OFFICE "WHY AM I BEING PLACED IN HANDCUFFS" HE JUST SAID "STOP RESISTING ARREST", I SHOUTED, "BUT I DIDN'T STEAL ANYTHING", AND THE OFFICER MIRRORED MY TONE STATING "STOP RESISTING BEFORE I TAZE YOU". PUSHING ME TOWARDS THE POLICE CURSOR THE OFFICER WAS TRYING TO PLACE ME IN HAND CUFFS. AT THIS TIME I WAS STILL ON THE PHONE WITH [removed] I INFORMED HERE THAT I WAS BEING ARRESTED AND THE OFFICER yelled AT ME TO GET OFF THE PHONE SO I HUNG UP THE PHONE AND PLACED IT ON THE POLICE CAR AND ALLOWED HIM TO ALSO PLACE THE CUFFS ON MY RIGHT ARM.
NOW AS I AM IN CUFFS THE POLICE OFFICER ALONG WITH THE CVS STORE MANAGER WALKED ME INTO THE FRONT OF THE STORE DISPLAYING THERE CATCH. BEING THERE FOR ONLY A FEW MINUTES I REPEATED MY QUESTION SO EVERYONE CAN HEAR "WHAT DID I STEAL?" STILL RECEIVING NO RESPONSE. OFFICER BADGE NUMBER [removed] ASKED THE STORE MANAGER TO DIRECT US TO THE BACKROOM SO I CAN BE INTERGATED AND SEARCHED. THE BACKROOM WAS LOCATED IN FRONT OF THE STORE AND THAT IS WHERE I WAS PLACED FOR AT LEAST AN HOUR. WHEN WE ENTERED THE ROOM THE OFFICER HAD ME STAND AND ASKED ME IF I HAD MY ID ON MY PERSON. ANSEWERING YES HE PROCEEDED TO LOOK FOR MY ID. FINDING IT HE TURNED TO THE STORE MANAGER AND ASKED HIM IF HE HAD REVIEWED THE TAPE. THE STORE MANAGER SAID ANSWER WAS A NEGATIVE INFORMING THE POLICE OFFICER THAT HE DIDN'T HAVE THE OPPROTUNITY TO LOOK AT THE TAPE. AFTER REVIEWING THE TAPE AND CHECKING MY PERSON I WAS FOUND INNOCENT OF THE allegations AND RELEASED, BEING INFORMED TO NEVER COME TO THE STORE AGAIN OR ELSE I WILL BE ARRESTED FOR TRESPASSING.

p.s. while in the store I never came near an item nor did I touch anything there hands were on my sides as I walked in and out

[panther10758]

Ok I understand your hard to read story. What I dont know is what is your question?

[Betty3]

Are you asking if you have a case against the store mgr. and/or police for "false arrest?"

[justwant2know]

im asknig do i have a case between the store manager

[aaron]

The question becomes, did the merchant have probable cause that you were shoplifting? If so, Florida grants immunity:

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(3)

(a) A law enforcement officer, a merchant, a farmer, or a transit agency's employee or agent, who has probable cause to believe that a retail theft, farm theft, a transit fare evasion, or trespass, or unlawful use or attempted use of any antishoplifting or inventory control device countermeasure, has been committed by a person and, in the case of retail or farm theft, that the property can be recovered by taking the offender into custody may, for the purpose of attempting to effect such recovery or for prosecution, take the offender into custody and detain the offender in a reasonable manner for a reasonable length of time. In the case of a farmer, taking into custody shall be effectuated only on property owned or leased by the farmer. In the event the merchant, merchant's employee, farmer, or a transit agency's employee or agent takes the person into custody, a law enforcement officer shall be called to the scene immediately after the person has been taken into custody.

(b) The activation of an antishoplifting or inventory control device as a result of a person exiting an establishment or a protected area within an establishment shall constitute reasonable cause for the detention of the person so exiting by the owner or operator of the establishment or by an agent or employee of the owner or operator, provided sufficient notice has been posted to advise the patrons that such a device is being utilized. Each such detention shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the device.

(c) The taking into custody and detention by a law enforcement officer, merchant, merchant's employee, farmer, or a transit agency's employee or agent, if done in compliance with all the requirements of this subsection, shall not render such law enforcement officer, merchant, merchant's employee, farmer, or a transit agency's employee or agent, criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

(4) Any law enforcement officer may arrest, either on or off the premises and without warrant, any person the officer has probable cause to believe unlawfully possesses, or is unlawfully using or attempting to use or has used or attempted to use, any antishoplifting or inventory control device countermeasure or has committed theft in a retail or wholesale establishment or on commercial or private farm lands of a farmer or transit fare evasion or trespass.

(5)

(a) A merchant, merchant's employee, farmer, or a transit agency's employee or agent who takes a person into custody, as provided in subsection (3), or who causes an arrest, as provided in subsection (4), of a person for retail theft, farm theft, transit fare evasion, or trespass shall not be criminally or civilly liable for false arrest or false imprisonment when the merchant, merchant's employee, farmer, or a transit agency's employee or agent has probable cause to believe that the person committed retail theft, farm theft, transit fare evasion, or trespass.

(b) If a merchant or merchant's employee takes a person into custody as provided in this section, or acts as a witness with respect to any person taken into custody as provided in this section, the merchant or merchant's employee may provide his or her business address rather than home address to any investigating law enforcement officer.

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[panther10758]

A law suit is a time consuming process with no guarantee of results. It could be costly if you do not find an Atorney willing to take case on contingency basis. You might contact corporate office and request compensation for the wrongdoing. Don't expect some big payday. At best you might get a giftcard for a couple hundred dollars if that. This action will have quicker response and cost you nothing but a phone call.