Can Loss Prevention Follow You After You Leave the Store

My question involves criminal law for the state of: Alabama

Hi, my story is a little long because I feel that the details are very important... so bear with me, please.

I entered Kohl's in Alabama, took two pairs of earrings, one 10.00 and one valued at 14.00, placed them in my bag, walked out. I got into a car my friend's car (who did not know) and drove across the street and a little ways up to a restaurant. I spent an hour inside this restaurant, eating. I had my one year old daughter with me. I then left and
proceeded outside to the vehicle. As I was about to enter the vehicle, after strapping my daughter in, my friend and I were approached by a man who shook both our hands, asked us our names. We gave him only first names (stranger danger) and he then asked me to come back to Kohl's and I asked him what for. He said that he knew I had two pairs of earrings on my person and I told him that I didn't. He said that he had it on camera and said that he called the police. I continued to tell him that I didn't have to go anywhere with him. He insisted that I did. As I turned to get into my friend's vehicle, I saw two cop cars pulling up. They said nothing to me other than to ask for my ID and didn't place me under arrest and never asked me to or ordered me to go with this Loss Prevention guy. They didn't say anything and seemed more annoyed that they had been called there. But at that point, I wanted my friend (who had done nothing wrong) and my baby to be out of this situation that I had put them in.

So, I agreed to go back to Kohl's.

I went into the room with them and the two police officers. At that point, the officer asked the Loss Prevention guy how he had made contact with me. He stated that he had seen me pick up the earrings on the floor and then went back to the office and saw me take the earrings on camera. When I walked out, he went and picked up the security device cards that I had taken off and discarded in a bra rack, but by the time he had gotten outside, we were already gone. So, he got in his car, and drove around the nearby places until he saw what car he thought was ours and waited until we came out. (I heard all of this firsthand)

The cops looked at him funny when he said that he had followed us to the restaurant but then waved it off and asked to see the tape.

On the tape, you can see me pick up the earrings and go behind a pillar. After that, you cannot see what I am doing or where I placed the earrings. And then you can see me walk out.

I gave the earrings back, blah blah blah. They still decided to prosecute. Got banned from Kohl's and informed that they have the right to sue civilly and will be doing so.

My question is... he didn't know where I had the earrings, the camera doesn't show this, and I find it incredibly creepy that he was allowed to follow me to a restaurant and waited for me to come out. Is there a possibility I could get this case thrown out?

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Is there a possibility I could get this case thrown out?

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for what?

He doesn't have to know where you have the earrings. There is nothing illegal about following you. He had adequate justification to detain you at the store but you escaped. He found you. You willingly went back to Kohl's. You admitted to stealing the earrings.

I'm just not seeing anything that lets you get out of this.

sounds like they have a good case ... why do you think they don't? Because he nabbed you outside the store? But you GAVE the merchandise back after you went back to the store.

Creepy or a vigilant LP officer? He got you, so it sounds like the latter.

I don't see it being thrown out?

Nice you steal with your 1 yr old daughter in tow ....

You won't be able to get your case dismissed on the basis of the loss prevention guy following. There's no law against a shopkeeper or its staff from following a suspected shoplifter, not in Kentucky or any state. It doesn't matter if they follow you for miles or plan a stake out to watch you, if they suspect that you stole from them, they are perfectly within their rights to follow you. This type of action happens a lot, especially when the suspect has left the scene. The reason is because they can keep track of the suspect until the cops arrive.

The only way you can possible get this case dismissed without plea bargaining for a deal, is by a lack of evidence. Since the video doesn't actually show you taking the earrings, that's good for your case. However, if the earrings were found on you, that video would likely lend credence to the fact that you stole the video. If you decided to take the case all the way to trial, you probably won't win if this is the case.

The better and easier plan is to plea bargain out. Generally, it will just result in a fine and maybe some community service (especially since your theft was just a misdemeanor).

You find it creepy that the LP guy followed you, but you see nothing wrong with the stealing aspect?

Really?

No, you won't get this tossed based upon the guy following a thief in order to basically catch the thief. Besides, you gave the earrings back - you've already admitted your guilt.

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The only way you can possible get this case dismissed without plea bargaining for a deal, is by a lack of evidence. Since the video doesn't actually show you taking the earrings, that's good for your case. However, if the earrings were found on you, that video would likely lend credence to the fact that you stole the video. If you decided to take the case all the way to trial, you probably won't win if this is the case.

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Um, OP admitted to the theft and turned over the merchandise. Do you believe there needs to be more evidence than that?

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Quoting Dogmatique

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You find it creepy that the LP guy followed you

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Creepiness is in the eye of the beholder? This OP is grasping at straws .. her argument makes no sense .. but most shoplifters are not Nobel prize winners so her argument is all that she has..."your Honor, the guy was creepy!" Judge: "I agree, 90 days for you and an award for being creepy to the LP man"

I appreciate everyone's advice, however candid. I was just curious. My other question is in the state of Alabama would I be able to plead youthful offender? This is my first offense on any criminal charge.

A youthful offender with a 1 year old? Doubtful.

How old are you?

I am 19 years old.