Does a Ban for Shoplifting Apply to All Stores in a Chain

My question involves criminal law for the state of: Louisiana

Saturday afternoon I went to walmart to purchase dog food and pick up something for dinner at the deli. When I walked into the store I grabbed a buggy and put my purse in the top portion of it. I'm a bit of a makeup fanatic and had recently heard good things about a particular lipstick so first I went to the cosmetics section. After looking at the colors I decided on one and then grabbed a foundation I was almost out of and a mascara I wanted to try. I placed these 3 items in the buggy next to my purse in the top part because I know from experience how often makeup tends to fall out of the holes in the buggy. I continued shopping, got my dog food, chicken, and a few other items. While I was walking around the store the makeup kept moving around and the lipstick even fell out at one point so I placed my purse on top of them to keep them still ( I know this sounds like the biggest load of crap ever but it really doesn't matter. I went to self checkout because there were no lines and paid for my items then went to leave. As I was walking out a LP stopped me and asked about the items I had picked up in cosmetics. I immediately remembered the make up and moved my purse. I apologized to the woman and explained that I had forgotton they were still in the buggy and that I had placed my purse on top because they were sliding around and falling out. I thanked her for saying something because it would have saved me an extra trip back into the store when I would have obviously seen them once I removed my purse from the buggy. She then led me into a back room where she checked my bags against my receipt and had me fill out a form with my name, number, address, and all that good stuff. I continued to try to tell her that this really was an honest mistake and that I had intended to purchase the items and would still do so. She also had me write a statement and sign which I did. I know the whole thing sounds made up. I worked retail for a long time and was interested in LP at one point. I understand they have heard it all and that is why I was calm and cooperative. The lady told me that I was banned from that particular walmart but others were ok. A cop then came in and started reading me my rights. At this point I was in a panic! Was I really going to be arrested for $23 worth of makeup???? The cop did not say anything else to me and the woman was entering things into a computer. She explained to me about the civil demand and handed me a letter explaining it. The cop Tells me I am banned from all walmarts everywhere and to step foot on walmart property would lead to An immediate arrest. I am confused because the walmart LP said only that walmart and told me that I could go to others. I'm not trying to fight this at all because even though I know I wasn't trying to steal it doesn't matter and I should have paid better attention to what I was doing. The cop told me I was not going to be charged and I could go. My question is about the ban. Do I go by the cop ( which I am inclined to do) or the walmart LP? And how long should I wait before I ask for the band to be lifted?

Did you not understand the police order? It was issued, even though you might get away with it elsewhere.

You could have placed that makeup in the bottom portion of the shopping cart easily.

Signed,
A female shopper.

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Quoting Disagreeable

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Did you not understand the police order? It was issued, even though you might get away with it elsewhere.

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the cop does not have the authority to ban OP from any store but...

I suspect the OP misunderstood the wally world employee though as walmart tends to issue company wide bans.



OP didn't ask about the charge itself but IF OP is honest, I would defend myself if I was in her place. In fact, just recently I almost did a similar thing. Purchased a half dozen or so items. Three were quite small. I actually checked to make sure they wouldn;'t fit through the holes in the bottom of the cart before I placed them there. When checking out, apparently a couple slid towards the back and when I looked into the cart, the butt flap was horizontal and apparently blocked the view.

as I was checking out, the cashier placed my bag o' stuff into the cart and saw one (and ONLY one of the items). She thought maybe another shopper had left it in the cart so she asked me if t was mine to verify. I said yes, I intended on purchasing that item but stated it was with a couple other small items as well. Lo and behold, I had placed one on the register counter but missed the other two but the cashier saw one of those two but missed the other after looking directly into the cart.

So, what the OP described can happen. Don't know if it did happen the way she stated but it is believable.

Ok let me clear a couple things up. This actually was an honest mistake but I know that nothing I can say to anyone will make a difference because the facts are I was walking out of the store with items I had not paid for. Intentional or not. I have a healthy respect for the law and I don't even have so much as a speeding ticket on my record. Like I said before, I have worked retail so I have heard it all and LP is taught to not go by someone's story. I am very grateful that the police did not charge me with anything and I will respect the ban regardless of my guilt (or lack of). There are other stores to shop at but the LP distinctly told me I was allowed in other stores just not that one and the cop told me all stores. I just want to be certain. I hope one day I will be able to get this ban lifted because walmart is so convenient, but if not oh well. Lesson learned..... From now on I will be OCD about checking my buggy for items!

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I said before, I have worked retail so I have heard it all and LP is taught to not go by someone's story. I am very grateful that the police did not charge me with anything and I will respect the ban regardless of my guilt (or lack of)

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.whoops, missed that. It makes no sense the cops were there and you not be charged though so I wouldn't be surprised if you are charged eventually.

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There are other stores to shop at but the LP distinctly told me I was allowed in other stores just not that one and the cop told me all stores. I just want to be certain. I hope one day I will be able to get this ban lifted because walmart is so convenient, but if not oh well. Lesson learned..... From now on I will be OCD about checking my buggy for items!

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the cop cannot ban you from any private store unless that is intent of the owner/manager/controller of the property. That would be kind of the government making orders on their own volition and not in support of the rights of the citizen as is intended. Taking it to the extreme to make my point:

what would stop the cop from saying you can't go to all stores? all restaurants? all gas stations?

a cop can insist you comply with a lawful order but is simply is not lawful for a cop to demand you refrain from some action without cause. He has no cause to demand you do not enter all walmarts due to the situation.

Jk, is entirely correct that the cop cannot ban you from any private property. The cop can inform you a representative of the property owner has banned you from the property. But, the cop cannot make the decision to ban you or expand/restrict any conditions of a banning.

However, with that being said, I would advise contacting the store (by phone or mail) and requesting a copy of the written banning notice, to avoid any dispute of interpretation, before going to any Wally World store.

I do agree with JK, try to fight the charge.

I've had some small items where they are actually worse off on the Childs Seat part of the cart, and better off in the bottom. But I can see where the idea of putting your purse on them is an idea to keep them from moving around. I'm a little jaded - I've been a volunteer here since I was caught shoplifting almost 5 years ago. So I've heard it all. I'm ultra-cautious now, and even make a point of moving my purse at check out (if I have even taken it off my shoulder).

Here is the reality of those bans from places like Wally World.

If you go into another Wally World, or even the same one a year from now, the only way it could cause you a problem is if someone actually recognizes you and knows that you are banned...and even then, odds are that they wouldn't react at all.

HOWEVER...your name is in their system. If you were ever to make another mistake in one of their stores, and get hauled in the back room by an LPO again, then they would go after you with a vengeance.

**UPDATE**

I wrote corporate office to clarify the terms of the ban and explained what happened to me in the store. Today I got a call from Walmart's LP manager of the store and spoke with him about it. He was confused on why a ban was issued in the first place because he said it was not the policy to ban on a first offense. He also confirmed what was told to me on here that the police have no jurisdiction to ban anyone from a private property. I apologized to him about the whole situation and told him that it was a horrible oversight on my part and if there is a ban in place I will respect it. He then apologized to me for how the situation was handled on the part of the store and the police officer. He told me that he was going to lift the ban (I asked for that in writing and he said he would get that mailed to me) and that there should not be any restitution that needs to be paid but that if I receive a restitution notice in the mail that I should contact him and he would fix that. I want to thank yall for answering me and giving me some helpful advice!