In Ohio, must a retailer provide you with evidence that a surveillance tape EXISTS concerning an alleged shoplifting incident. I was erroneously detained for shoplifting. Cameras were conspicuous in the store but when i asked that the tape be shown/produce I was denied.
Even though I later learned the retailer had no duty to show me the CONTENTof the tape (my understanding is they can deny you unless there is a legal demand for discovery.) I am asking if the retailer has a duty to PRODUCE the physical tape?
I contend that I neither displayed nor committed any act that a reasonable person would consider "shoplifting." The merchant's LP had no probable cause to detain me and even acted in a way that deterred me from paying . The CCTV would be evidence in my favor. I was not arrested but given a verbal criminal trespass warning . Directly after that warning was given I was allowed to complete my purchase as intended for which I have a receipt/bank statement.
I later called the corporate offices to lodge a complaint and asked the Loss Prevention Supervisor if he had viewed a tape. He said "no". I asked him if a tape existed for him TO view and he declined to answer. He did admit to having an Evidence Report written by the LP and General Manager who interviewed me. When I asked him what RECOVERY Evidence he had, he declined to answer. He has since not returned my calls. I realize this is a civil matter. What is my next step?
How to Find Out if Store Surveillance Tapes Exist
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03-05-2014, 11:36 AMJoeN#7How to Find Out if Store Surveillance Tapes Exist
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03-05-2014, 11:51 AMjkRe: Entitled to Know if a Surveillance Tape Exists (Ohio Law)
Your next step is to stay out of that store.
They do not have to produce a tape unless there is a subpoena requiring it be produced.
no idea what you are so worked up about. You were not criminally charged. The store could ban you if you had done absolutely nothing wrong. -
03-05-2014, 11:55 AMDogmatiqueRe: Entitled to Know if a Surveillance Tape Exists (Ohio Law)
If they receive a subpoena, yes. If they don't, no.
LPs do not need "probable cause", and the tape won't actually prove innocence - it will merely indicate what happened at a particular time.
You have no case here. -
03-05-2014, 12:16 PMBooRennieRe: Entitled to Know if a Surveillance Tape Exists (Ohio Law)You want the retailer to pull the HDD out of his DVR? VCR tape systems went out several years ago.Quote:
Quoting JoeN#7
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03-05-2014, 12:19 PMDisagreeableRe: Entitled to Know if a Surveillance Tape Exists (Ohio Law)
If you are jailed or sued, you have a right to see proof. You were neither.
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03-05-2014, 02:52 PMSecurity ConsultantRe: Entitled to Know if a Surveillance Tape Exists (Ohio Law)Actually they do need "probable cause" - here's Ohio's Statute on that:Quote:
Quoting Dogmatique
2935.041 Detention, arrest of shoplifters; protection of library, museum and archival institution property.
(A) A merchant, or an employee or agent of a merchant, who has probable cause to believe that items offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (C) of this section, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.
Not only Ohio, but most state merchant detention statutes call for probable cause. -
03-05-2014, 04:26 PMJoeN#7Re: Entitled to Know if a Surveillance Tape Exists (Ohio Law)
i'm worked up because I was humiliated as they held "court" in front of the entire store. Because they would not allow me to leave the store although no police were being summoned. Because they chose to label me a shoplifter and to distribute that information throughout their 23 stores with no due process. I'm worked up because I have never been accused of a criminal act nor misdemeanor. I'm worked up because I worked as an independent contractor for the federal government that required a 20 year look back plus a series of open-ended questions and now I have to wonder if future employment has been thwarted and a poorly trained/negligent LP has skirted accountability and responsibility for any of his actions.
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03-05-2014, 05:02 PMLawResearcherMissyRe: Entitled to Know if a Surveillance Tape Exists (Ohio Law)
If no police were summoned, there's nothing that is going to cause you trouble in future employment. LP =/= law enforcement. You're not entitled to "due process" from a retail store.
All you've got is that you felt humiliated and pissed - both valid feelings. But nothing actionable, and they don't have to provide you with any information at all without a court order.
Go have a shot of something or other, see if there are any Paczki left over from yesterday, and watch something soothing on TV. You'll feel better in the morning. -
03-05-2014, 05:10 PMJoeN#7Re: Entitled to Know if a Surveillance Tape Exists (Ohio Law)
thank you for all your advice...especially on the Paczki.
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03-06-2014, 04:28 AMfree9manRe: Entitled to Know if a Surveillance Tape Exists (Ohio Law)Not entirely. Older stores are not always retrofitted with new technology. I worked in multiple locations that were either still straight video (nightmare retaining 30 days of video) or a hodge-podge of analog/digital. Even stores with new tech would scrabble for old tech if a store was being decommissioned. It was free and expanded their coverage so they took it.Quote:
Quoting BooRennie