Store Said They Would Not Call Police, But Did Call
My question involves criminal law for the state of: Me and my sister got caught stealing from macys.I am 16 years old and my sister is 13.They took us to an office were they asked us what school we go to, our email address, where we live etc.They told us if we cooperate with them they wont call the police we answered all there questions but they still called the police.Our phones kept ringing and i asked them if i could answer the phone becuase it might be my parents they said no i asked a few minutes later when were they going to call our parents they said after there done filling this paper work about 30 minutes i asked when are they going to call out parents they said why are we in a rush to go home i told them our parents are probably worried were we are at they didnt call our parents untill my parents went to macys because they couldnt get a hold of us.Is what they did right?
Re: Is What They Did Right
Any contracts you signed are probably not valid, but they are free to lie to you about calling the police. Little criminals have no right to their mommies while the store calls the police.
Re: Is What They Did Right
Allow me to put the above correct response in another way.
The moment you stole from the store and got caught your wants and needs became secondary to what the loss prevention folks wanted to do. In other words, they didn't have to let you make phone calls or make them on your behalf. They didn't have to call your parents at all.
When you steal, you give up a lot of your rights.
Re: Store Said They Would Not Call Police, But Did Call
Quote:
When you steal, you give up a lot of your rights.
You should remember this statement well. You have showed no remorse and are only trying to figure a way to weasel out of your theft. I also suggest you practice the words Bubba Sir.
Re: Is What They Did Right
Luna1294 - What state did this occur in?
Re: Is What They Did Right
Without knowing what state this is in - there are some state Merchant Detention statutes that require, in the case of a juvenile, the retailer to directly contact the guardian or parent. The OP wrote, "Our phones kept ringing and i asked them if i could answer the phone because it might be my parents they said no i asked a few minutes later when were they going to call our parents they said after there done filling this paper work" . My opinion is that since they were juveniles, the store loss prevention should have let them answer their parents call and told the parents whet was happening.
There are some security do's and don'ts when it comes to handling personal requests of detained shoplifters.
Re: Is What They Did Right
One can always demand to either a) let you leave or b) bring in the cops. If they do neither then they are kidnapping you.
Re: Is What They Did Right
I agree with Security Consultant. BUT...I think the store should have called the police and their parents at the same time.
With the phone - I would guess a LP Officer does not know who is calling, or who you want to call. So I can see them not allowing them to use their own phones. But asking for the parents phone numbers would have been a good start.
Again - I am not a lawyer, so this is not legal advice.
Re: Is What They Did Right
The LP didn't know who was on the phone and the law only states that the LP call the parents in a reasonable amount of time. After the paperwork is completed would be seen by most courts as reasonable.
Re: Is What They Did Right
Since the OP failed to list their state - we don't know what the law is. There is no general law that, "only states that the LP call the parents in a reasonable amount of time." As I wrote earlier, there are some states that dictate when the parents or guardian must be called.