My question involves criminal law for the state of: Tennesee
this is a very strange situation for the child ( young adult) of a good friend of mine that well did or did not get caught shoplifting in Walgreens shes knows Im taking the bar next year so I tried to give her the best counsel I could...
Here are the facts from the best I can ascertain:
daughter went to exchange a feminine product
saw a bottle of cosmetics she wanted
attempted to shoplift the product and didnt know the employees saw her select and walk around with the product(no one saw the concealment)
discarded the box empty
Mgr asked her to provide her license for the exchange(which at first he didnt)
she thought the request was usual for a 2 dollar item and provided the Mgr with an old outdated 5yr old out of state DL
Mgr said brb and walked off
for several minutes the girl waited and no help figured something was up, when she saw her empty box was recovered out the previous aisle
had second thoughts and abandoned the effort item back on another shelf and walked out the store without her old DL or her product exchange
Luckily for her she did cause the police were in fact called and she got away just in time before they pulled into the store
she then called the store anonymously about 30 minutes later and told the employee where they could retrieve the item
Now heres the issue:
she worried cause her old DL may tie into her new in state ID
the store now has her face
her mom says shes had a problem with theft and has been at other chains doing this behavior
well it was totally out of line in my perview if the Mgr acted ad hoc as LP even with merchants priviledge cause the effort was abandoned and if the police had come and the item was discarded and not on her person the store would still be facing a liability factor even if she was trespassed. Though criminal attempt is still a crime many retailers in my experience tend not to prosecute unless theres an actual arrest made at the time of the incident. Secondly, even with the old out of state DL the retailer will be forced to prove that that ID didnt end up in the hands of a look alike imposter. Walgreens in my opinion is going down a slippery slope having employees taking up security functions to the degree where they call cops without absolutely certainty that the subject has the merchandise on their person.Usually these functions are reserved for people with certified LP training. I told her to tell her daughter dont take her happy azz in that store again as for sure the DL has been turned over to the police and a photocopy made for the store they will be on the alert for her the next go round. But to this point I dont see her worrying about much, the merchandise was recovered and she lived to fight another day.
What do you guys think??