My question involves criminal law for the state of: New York, but generally applicable nationwide.
So I was shopping for groceries. There are a lot of us I had to shop for, and the cart was overflowing so I accidentally forgot about one item I'd stuck in the undercarriage of the cart for lack of space within. I proceeded to leave the store, at which point one of the store security guys pointed out the unpaid item. So I went back and paid for it.
No back rooms, no charges, no civil demands, no trespass orders.
So why come I got off so easy when so many other people are saddled with thousands of dollars of demands and fees and costs for the same thing?
Well, for one thing, I wasn't actually shoplifting. Oh, sure, a moment of neglect in one trip of many led me past the registers with unpaid merchandise, so I may have committed the offense of shoplifting in the strictest legal sense; what I meant was that I forgot the item, I didn't "forget" the item.
Regulars here will often point out that the law gives substantial leeway to store LPs to stop suspected thieves. However, regardless of what the law technically says, store security will be extremely cautious. The value of the item they're pretty sure they saw you pocket or have a hunch you walked out with is a lot less than the PR disaster and/or lawsuit of busting an innocent customer.
So if you've been caught shoplifting this time, odds are that store security has almost caught you before, but decided not to confront you because they weren't certain enough to risk it.
And even if you haven't stolen there before, store security staff are not stupid. They can tell when someone is acting off; they can detect the furtive motions as you switch the price tags, they can spot the tells of someone hoping to get away with theft. And they can also identify a regular customer, trying to make a truly massive purchase, who genuinely forgot about one item in a full cart on one of many trips. Just for starters, the item I forgot to pay for was sitting in the base of a store-provided shopping cart, blazingly obvious to everyone but the person behind the cart. I had accidentally concealed the item from myself, and no one else. Because, you see, people who shop use shopping carts for unpaid merchandise. People who shoplift use their pockets, purses, or the bags normally used for paid merchandise. Honestly ask yourself, do honest shoppers pocket merchandise they haven't paid for? I can't think of any reason why they would.
Remember, the warning above the post box advises you to protect your anonymity. As long as you obey that warning, your post will not be tied back to you. So if you want good advice, try to state all the facts of your case. Trying to convince us that you weren't really shoplifting, or that you honestly just forgot about the item you were totally intending to pay for when this is patently not the case will only lower the quality of the advice you receive. We're not the judge; we're not the cop; we're not on your jury. If you want advice that applies to you and applies to your situation, then describe your situation truthfully. If you admit to brazen shoplifting, we might not give you the answer you want to hear, but if you insist it was all an innocent mistake, the advice you get will be inapplicable to your situation. You wouldn't lie to your own lawyer; if you've decided to seek advice from us, don't lie to us.
And we're not stupid either. Some of the regulars here are cops or LPs and all of us have seen enough shoplifting questions that the inconsistencies in your story will be obvious.
Forgot to Pay for Item at Bottom of My Cart
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10-26-2012, 08:30 PMTheArgumentativeForgot to Pay for Item at Bottom of My Cart
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10-26-2012, 08:39 PMDisagreeableRe: My Own Shoplifting Story
I always double check, before I walk away from the cashiers station, just to confirm.
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10-27-2012, 06:14 AMPandorasBoxRe: Forgot to Pay for Item at Bottom of My Cart
Well said!
I've had something similar happen to me before, too. I was shopping for myself, my mother, and my grandmother. All in 1 trip, 3 different bills. I had 2 cases of beer, 1 was underneath the cart. I told the cashier and gestured towards the item. I even asked "You got two of those, right?" which the cashier replied "yep".
When I got home I discovered she had only rung me up for 1.
I'm sure if it had ever come into question that the surveillance footage would have shown me gesturing towards it. And obviously, in no way trying to conceal it.
To add to The Argumentive's post: To people asking us questions - please don't get angry with us when we give you an answer you don't want to hear. We are being honest with you, not sugarcoating things. -
10-27-2012, 06:39 PMbam!Re: Forgot to Pay for Item at Bottom of My CartDid you go back and pay for it?Quote:
Quoting PandorasBox
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10-28-2012, 06:22 AMPandorasBoxRe: Forgot to Pay for Item at Bottom of My Cart
No. (1) Would they accuse me of theft? (2) Would they compensate me for my time and gas money if I had?
But from then out, I made damned sure to check my receipt before leaving to make sure they got everything. -
10-28-2012, 04:34 PMbam!Re: Forgot to Pay for Item at Bottom of My Cart1) no.Quote:
Quoting PandorasBox
2) this is the lamest excuse I have heard. Everyone wants compensation from retailers for gas money when they have to return an item, get a copy of their receipt or any transaction they want. It's 2012, if you cannot afford gas now, you shouldn't be out shopping. I have heard "customers" ask for gas money after they were back at the store because their milk spoiled after they left it in their garage for two days. "I was out of the sun right?"
Does anyone else get annoyed with the compensate my gas expense bs? -
10-28-2012, 06:21 PMPandorasBoxRe: Forgot to Pay for Item at Bottom of My Cart
It would have been atleast 45 minutes of my time, and a gallon of gas to fix an error their cashier made.
I was the least disabled person in my household. Hence doing shopping for 3, while my mother stayed at the house to take care of my grandmother.
This was not a case of returning an item I bought and ruined myself. This was a case of the cashier making a mistake, despite my saying to the effect of "Order #3...I have two of this...." and charging me for only one, despite my asking later if the the cashier got both. It's not like I threw a case of beer into my pocket or hid it. Again, tape would have proven I had gestured to it on two occasions. This isn't a case of going through Self Scan and "forgetting" the 2nd case, either, this was a cashier station. -
10-28-2012, 07:52 PMTheArgumentativeRe: Forgot to Pay for Item at Bottom of My Cart
I once got two of an item I'd only paid for one of myself. (It was at a store where the staff pack up purchases; I didn't find out the mistake until I opened the box at home.)
They offered to send me a prepaid shipping label so I could mail the extra back to them without having to return to the store. As it happened, I had to go back anyway so I returned it in person; they gave me $10 off that purchase for my trouble.
So if the store fails to charge you for something (or otherwise accidentally gives you something for free) and it's clearly their fault, then no, they shouldn't expect you to incur the cost of getting it back to them. -
10-28-2012, 08:43 PMjkRe: Forgot to Pay for Item at Bottom of My Cartunless it was a store you rarely go to, how about paying the next time you are in the store? I know I am at the same grocer a couple times a week. Rather than running back to the store, I would simply pay for it the next time I am in the store.Quote:
When I got home I discovered she had only rung me up for 1.
and of course, there is always the USPS if it is a store that was a one time thing. -
10-28-2012, 11:30 PMsouperdaveRe: Forgot to Pay for Item at Bottom of My Cart
Very eloquently stated!:D
BAM! Your powers of observation are in need of some tuning gwasshoppa. :pQuote:
Quoting TheArgumentative