Threatened by Employee at Grocery Store After Violating a Trespass Ban
My question involves criminal law for the state of: California
Today a good friend of someone was threatened by a grocery store employee. This person had been being harassed as being a potential shoplifter from said store a couple nights previous to this incident. The person left and was not charged in that incident, nor were any formal complaints filed or documents received regarding this as was made aware to him. This person maintained their innocence throughout the conversation with the security guard in both incidents. Today, he returned to the store, as he was apparently unaware that the store had banned him for returning, and was promptly asked to leave or the police would be called.
He agreed to leave the store, and on the way out the security guard made some fairly audible threats about taking the alleged shoplifter outside and beating him up, etc. Another employee who this person believes is a manager at the store was standing right next to him when he said it. This person has already called and made a complaint to the consumer relations dept at headquarters. Should this person have called 911 immediately? That is what he keeps saying now, but I guess he didn't have his phone on him. He is unsure if any customers were in earshot and obviously didn't get a chance to talk to any of them.
Does this person have a legitimate case against the store? It seems like little to no evidence unless the manager is willing to rat out his employee, and it is questionable as to what the cameras will show from his prior visit to the supermarket.
Re: Threatened by Employee at Grocery Store After Violating a Trespass Ban
You mean, should he have called 911 and reported that store employees were angry at removing a person identified as a shoplifter who had been banned from the premises, and perhaps end up charged with criminal trespass, because one of them muttered something about kicking his behind? The fact that he didn't suggests that his judgment may be better than yours.
Re: Threatened by Employee at Grocery Store After Violating a Trespass Ban
Another fact is that stores can ban anyone they want to, with exceptions protected by law. For example, they can't ban the person for race, nationality, age, sex, religion, handicap.
They do have the right to ban a shoplifter, or suspected shoplifter.
The person who is banned can be arrested and charged with Criminal Trespass. And they are likely not banned just from that store location, but that store everywhere (example - banned from WalMart in Chicago, IL means banned from WalMart in NYC, China, etc...)
Re: Threatened by Employee at Grocery Store After Violating a Trespass Ban
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Quoting
Mr. Knowitall
You mean, should he have called 911 and reported that store employees were angry at removing a person identified as a shoplifter who had been banned from the premises, and perhaps end up charged with criminal trespass, because one of them muttered something about kicking his behind? The fact that he didn't suggests that his judgment may be better than yours.
I know it seems quite laughable, but this was a teenage kid, and he was quite shook by the whole thing, seeing as the security guard was seen on tape pushing him around and such a couple nights before. He insists that he was not trying to steal anything the first time. This person was never banned from the premises AFAIK.
Re: Threatened by Employee at Grocery Store After Violating a Trespass Ban
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Maharajah
I know it seems quite laughable, but this was a teenage kid, and he was quite shook by the whole thing, seeing as the security guard was seen on tape pushing him around and such a couple nights before. He insists that he was not trying to steal anything the first time. This person was never banned from the premises AFAIK.
Being banned as a shoplifter will shake you. And you have seen this tape?
Was it described by the same person that didn't remember being banned... when everyone ELSE certainly remember him being banned?
Everyone certainly knows NOW that he is banned. He stays away and there is no more issues.
Re: Threatened by Employee at Grocery Store After Violating a Trespass Ban
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cyjeff
Being banned as a shoplifter will shake you. And you have seen this tape?
Was it described by the same person that didn't remember being banned... when everyone ELSE certainly remember him being banned?
Everyone certainly knows NOW that he is banned. He stays away and there is no more issues.
No the tape was not shown to him, though the incident occurred near the entrance and checkout lines where there are many cameras. He is never returning to that store or any of its affiliates again. He says he was not even verbally told to stay away from the store otherwise he wouldn't have gone back.
Re: Threatened by Employee at Grocery Store After Violating a Trespass Ban
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Maharajah
No the tape was not shown to him, though the incident occurred near the entrance and checkout lines where there are many cameras.
Okay, so you DON'T know what is on tape or even if a tape exists. Let's not discuss what is or what is not on tape, then.
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He is never returning to that store or any of its affiliates again. He says he was not even verbally told to stay away from the store otherwise he wouldn't have gone back.
That is his memory. I bet the store has a different memory.
Doesn't matter. He wasn't arrested and was told to leave. He had some things said to him on the way out... and has no witnesses or evidence there, either.
I don't understand what you want to happen. He called corporate... where they took the statement made by a person banned for suspected shoplifting and round filed it.
That is all that can be done.
Re: Threatened by Employee at Grocery Store After Violating a Trespass Ban
I was pretty sure there was nothing to be done about it except calling corporate either. Just wanted an opinion. Thank you.
Re: Threatened by Employee at Grocery Store After Violating a Trespass Ban
I'd also suggest....
Have him thing about his behavior in the store that led them to think he might be stealing. Then modify that behavior.
Was he picking stuff up and putting it down a few aisles over? Hands in pockets alot? Looking around to check out locations of cameras, or looking around to be sure he was alone in the aisle? Did he put anything in his pocket and take it out later? Walk around with a pair of sunglasses or hat on his head? These would all be suspicious behaviors.
Re: Threatened by Employee at Grocery Store After Violating a Trespass Ban
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Quoting
PandorasBox
I'd also suggest....
Have him thing about his behavior in the store that led them to think he might be stealing. Then modify that behavior.
Was he picking stuff up and putting it down a few aisles over? Hands in pockets alot? Looking around to check out locations of cameras, or looking around to be sure he was alone in the aisle? Did he put anything in his pocket and take it out later? Walk around with a pair of sunglasses or hat on his head? These would all be suspicious behaviors.
Apparently he had one of those reusable cloth totes that the store sells to customers and his groceries were inside.