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My question involves criminal law for the state of: California
I was caught shoplifting in nordstroms the other day. (CA). The total was around $340. Since I cooperated they offered me admonishment and the police were not called. However I have to pay a fine, how much do you think it will be and is it worth fighting against them since they didn't have a warrant to search my purse?
If you fight them, they're likely to make a police report and you'll have a conviction on your record as well as being liable for the civil demand.
Regarding the Civil Demand - it will run from $50 to $500. You can expect the full legal amount. As far as searching your purse - here's the part of the California Merchant Detention statute that allows them to search your purse:
"A merchant, theater owner, a person employed by a library facility, or an agent thereof, having probable cause to believe the person detained was attempting to unlawfully take or has taken any item from the premises, or was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater, may request the person detained to voluntarily surrender the item or recording. Should the person detained refuse to surrender the recording or item of which there is probable cause to believe has been recorded on or unlawfully taken from the premises, or attempted to be recorded or unlawfully taken from the premises, a limited and reasonable search may be conducted by those authorized to make the detention in order to recover the item. Only packages, shopping bags, handbags or other property in the immediate possession of the person detained, but not including any clothing worn by the person, may be searched pursuant to this subdivision. Upon surrender or discovery of the item, the person detained may also be requested, but may not be required, to provide adequate proof of his or her true identity."
Let's see....you tried to steal $340 worth of stuff.
You're not a first time shoplifter. You are a first time getting caught shoplifter. With that amount, it is amazing that the store did not call police. However, they do have 1-2 years (varies by state) to file criminal charges on you.
Don't pay that Civil Demand, and you bet they will turn that file over to the police and file charges.
Also, as you can see, they legally could search your purse.
They also apparently, had damned good reason to, also, as you had $340 of merchandise in it. And don't think that you were not recorded....the DVD has likely been burned and added to the file with your information......