Can a Store Detain a Minor They Catch Stealing

My question involves civil rights in the State of Rhode Island: So recently I was detained in Walmart for shop lifting before I had even left the store, they had brought me into the loss prevention room. The loss prevention security guy demanded me to, "Throw his shit on the ground, all of it." I cooperated although I wasn't really fond of his attitude. He had asked for my ID I had told him I didn't have one and he told me it was going to get worse for me and I'm already in a bad spot. I had told him I am a minor that I do not need an ID, and he rolled his eyes and had said I should've had one so I'm just making it worse on myself. He decided to charge me when the cops had came in, because I was a familiar face in that store. He asked my name, address, ssn, phone number, and had me sign the papers, and as a minor until now I didn't know my rights and I had signed them and the cops did not tell me to wait until my parents were there for me to answer questions and sign anything, they just let me be. I gave the cops my personal information, and they told me to call my father after that long procedure so he can pick me up, the officers did not speak to my father himself, and my father thought I was just getting picked up and didn't know I was being detained for shoplifting. I would like to know what was done wrong and if I can sue both Walmart, and the police department for not protecting me as a minor and for not following protocols and making me sign things and not notifying my parents until after they have interrogated me and made me sign paper work?

No. You can't.

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I would like to know what was done wrong

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You shoplifted.

Any other ridiculous questions?

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Quoting LawResearcherMissy

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You shoplifted.

Any other ridiculous questions?

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I understand I did the crime, I'll take my consequences. But they had not taken my rights serious as a minor, that was what I wanted to know. I did the crime under peer pressure, and yes I still did it, but I didn't even leave the store, I thought it was considered shop lifting once you left the store.

So, at least you became more educated regarding shoplifting. Most, if not all states have written their laws such that concealment of merchandise without ever leaving the store is adequate to charge shoplifting. I'm not going to chase the laws in your state but I presume it is that way in your state since you didn't leave the store and you are being charged with shoplifting



you might want to clue your father in to your issue since you will need a parent to go to court with you.

Then you thought wrong. You don't have to leave the store before it's considered stealing. AND they're not required to have your parents there AND being a minor doesn't give you any free passes.

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But they had not taken my rights serious as a minor

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And what rights do you think those might be? LP doesn't have to wait for your parents to show up to question you. The cops don't either, until you're placed under arrest. Investigative interrogation, it's called, and it's 100% legal.

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I thought it was considered shop lifting once you left the store.

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Nope. Once you conceal the item, you have stolen it in the eyes of the law, even if you put it back later.

From the Rhode Island statutes....Read this....

(b) Any merchant who observes any person concealing or attempting to conceal merchandise on his person or amongst his or her belongings or upon the person or amongst the belongings of another, transporting merchandise beyond the area within the retail mercantile establishment where payment for it is to be made without making payment for it, removing or altering price tags on merchandise, or switching the containers of merchandise may stop the person. Immediately upon stopping the person, the merchant shall identify himself or herself and state his or her reason for stopping the person. If after his or her initial confrontation with the person under suspicion, the merchant has reasonable grounds to believe that at the time stopped the person was committing or attempting to commit the crime of shoplifting on the premises, the merchant may detain the person for a reasonable time sufficient to summon a police officer to the premises. In no case shall the detention be for a period exceeding one hour. Detention must be accomplished in a reasonable manner without unreasonable restraint or excessive force, and may take place only on the premises of the retail mercantile establishment where the alleged shoplifting occurred. Any person so stopped by a merchant pursuant to this section shall promptly identify himself or herself by name and address. Once placed under detention, no other information shall be required of the person and no written and/or signed statement, except as provided in subsection (c) of this section, shall be elicited from the person until a police officer has taken him or her into custody. The merchant may, however, examine for the purposes of ascertaining ownership any merchandise which is in plain view which the merchant has reasonable grounds to believe was unlawfully taken or otherwise tampered with in violation of § 11-41-20.

(c) A merchant may request a person detained for shoplifting to sign a statement waiving his or her right to bring a civil action arising from the detention in return for a signed statement from the merchant waiving the right to bring criminal charges based upon the alleged shoplifting. Any statement shall state in writing in large print at the top of the form that the person detained has a right to remain silent and a right not to make or sign any statement and a right to call an attorney.

(2) It shall be unlawful to circulate or cause to be circulated any signed statement or the name of any person signing the statement to a person or persons not employed by the retail mercantile establishment which obtained the statement, other than in defense of a legal action arising from the detention. Any person circulating or causing to be circulated this information shall be civilly liable to the person who signed the statement.

(d) For the purposes of this section, “reasonable grounds” includes knowledge that a person has concealed unpurchased merchandise of the establishment while on the premises, or has altered or removed identifying labels on merchandise while on the premises, or is leaving the premises with unpurchased concealed or altered merchandise in his or her possession.

(e) In detaining a person whom the merchant has reasonable grounds to believe is committing the crime of shoplifting, the merchant may use a reasonable amount of non-deadly force when and only when that force is necessary to protect himself or herself, or to prevent the escape of the person being detained or the loss of his or her property.

(f) In any civil action by a person detained under this section against the merchant so detaining him or her arising out of the detention, evidence that the defendant had reasonable grounds as defined in subsection (d) of this section to believe that the plaintiff was at the time in question committing or attempting to commit the crime of shoplifting as defined in § 11-41-20 shall create a rebuttable presumption that the plaintiff was so committing or attempting to commit the crime.

What do you think they did wrong? Do you think you have some "rights" that were violated.

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Quoting Security Consultant

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(c) A merchant may request a person detained for shoplifting to sign a statement waiving his or her right to bring a civil action arising from the detention in return for a signed statement from the merchant waiving the right to bring criminal charges based upon the alleged shoplifting. Any statement shall state in writing in large print at the top of the form that the person detained has a right to remain silent and a right not to make or sign any statement and a right to call an attorney.

What do you think they did wrong? Do you think you have some "rights" that were violated.

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I was not told by the officer, nor the loss prevention that I had an option to wait until my parent or lawyer was present. They bombarded me with questions, and didn't even contact my parents until after they made me answer questions and sign papers. I thought by law, a paper signed not in the presence of a parent was null? I did my research in the law to protect minors, and it said forcefully making a minor sign something without a parent present made the paper invalid. My parents are researching also.

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I was not told by the officer, nor the loss prevention that I had an option to wait until my parent or lawyer was present.

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They don't have to tell you that. One more time, LP does not have to wait AT ALL, and the cops only have to wait if you've been arrested.

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I thought by law, a paper signed not in the presence of a parent was null?

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You thought incorrectly.

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My parents are researching also.

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ORLY? Your parents are dumb.

If you were my kid, I would have blistered your ass and made quite certain that you understood that you'd be suffering the consequences of your actions for a good long while, to drill it into your thick skull that theft is a crime.

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Quoting LawResearcherMissy

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And what rights do you think those might be? LP doesn't have to wait for your parents to show up to question you. The cops don't either, until you're placed under arrest. Investigative interrogation, it's called, and it's 100% legal.



Nope. Once you conceal the item, you have stolen it in the eyes of the law, even if you put it back later.

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I guess as a minor I have no rights, and my parents should not be notified when I'm in trouble or arrested until after I'm in a cell for a few hours instead of right away. I'll remember that for future preferences, thanks for the help. BTW I never stole in my life until I met the girl I was with, it taught me a lesson don't be friends w/ bums.

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Quoting LawResearcherMissy

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Your parents are dumb.
If you were my kid, I would have blistered your ass and made quite certain that you understood that you'd be suffering the consequences of your actions for a good long while, to drill it into your thick skull that theft is a crime.

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My parents infact are not dumb, you don't know the whole situation or anything that went on that day except the brief description. I'm sorry they aren't smart in your parenting book. But the way the whole situation unravelled is worth the research. Regardless, I'm going to do my consequences given to me from the event that happened so please stop responding, because you don't know me, nor the whole situation. I asked you politely. Thank you.

I guess maybe you shouldn't commit crimes and then you won't have to worry about your parents being notified.

One more time. IT IS NOT YOUR RIGHT UNDER THE LAW TO HAVE YOUR PARENTS PRESENT. Not unless the cops are there AND you've been arrested.

If they're focusing more on a perceived (but non-existent) violation of your rights and not on the fact that their child is a thief, then yes, in my book they're stupid.

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Quoting cbg

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I guess maybe you shouldn't commit crimes and then you won't have to worry about your parents being notified.

One more time. IT IS NOT YOUR RIGHT UNDER THE LAW TO HAVE YOUR PARENTS PRESENT. Not unless the cops are there AND you've been arrested.

If they're focusing more on a perceived (but non-existent) violation of your rights and not on the fact that their child is a thief, then yes, in my book they're stupid.

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My items infact WERE purchased. My friends items were not, my parents are NOT stupid, in fact I am. I was the one who let my friend put her stolen shit in my bags because I had a receipt for my items. So actually don't talk down on my parents talk down on me for being a push-over friend. Thank you.

"I was the one who let my friend put her stolen shit in my bags because I had a receipt for my items."

Ironically, I was just reading the "sticky" here on excuses NOT to use in court for shoplifting and came across number 6 "I was influenced by a bad crowd".

Gail

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Quoting cbg

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I guess maybe you shouldn't commit crimes and then you won't have to worry about your parents being notified.

One more time. IT IS NOT YOUR RIGHT UNDER THE LAW TO HAVE YOUR PARENTS PRESENT. Not unless the cops are there AND you've been arrested.

If they're focusing more on a perceived (but non-existent) violation of your rights and not on the fact that their child is a thief, then yes, in my book they're stupid.

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I am not entirely sure that what is being posted is accurate. Even the police don't hold a minor without immediate notification of the minor's parent(s). I think that it could be quite questionable for a retailer to hold a minor without immediate notification of the minor's parent(s).

That doesn't change the fact that they have the absolute right to stop a minor from shoplifting and to hold the minor pending notification of the minor's parents or the police. However, forcing the minor to sign documents without a parent present is really iffy.

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Quoting gail in georgia

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"I was the one who let my friend put her stolen shit in my bags because I had a receipt for my items."

Ironically, I was just reading the "sticky" here on excuses NOT to use in court for shoplifting and came across ?number 5? "My bad friends made me do this".

Gail

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The Loss Prevention guy told my father, and as did the cops they knew who the Ring Master was because I was the youngest out of us both, and I was stuck in the loss prevention room with HER daughter when she left me there to be detained. But she didn't get far just know that, but my question was answered so the replies can stop

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Quoting llworking

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I am not entirely sure that what is being posted is accurate. Even the police don't hold a minor without immediate notification of the minor's parent(s). I think that it could be quite questionable for a retailer to hold a minor without immediate notification of the minor's parent(s).

That doesn't change the fact that they have the absolute right to stop a minor from shoplifting and to hold the minor pending notification of the minor's parents or the police. However, forcing the minor to sign documents without a parent present is really iffy.

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They did not let me notify my parents until the paper was signed.

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Quoting llworking

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I am not entirely sure that what is being posted is accurate. Even the police don't hold a minor without immediate notification of the minor's parent(s). I think that it could be quite questionable for a retailer to hold a minor without immediate notification of the minor's parent(s).

That doesn't change the fact that they have the absolute right to stop a minor from shoplifting and to hold the minor pending notification of the minor's parents or the police. However, forcing the minor to sign documents without a parent present is really iffy.

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Rhode Island is not one of those states that require the LP to call a parent within a certain time frame. The fact is once the police were called (OP said that at one point they were there) it is the responsibility of the police to notify the parent. They can do that at the LP office or at the police station.

As far as documents signed - what documents did the OP sign? If is was a ban from the retailer, that is not a legal document it is a notice. If the OP signed a statement, that is not a legal document and is the retailer's paperwork.

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Quoting llworking

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I am not entirely sure that what is being posted is accurate. Even the police don't hold a minor without immediate notification of the minor's parent(s). I think that it could be quite questionable for a retailer to hold a minor without immediate notification of the minor's parent(s).

That doesn't change the fact that they have the absolute right to stop a minor from shoplifting and to hold the minor pending notification of the minor's parents or the police. However, forcing the minor to sign documents without a parent present is really iffy.

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And if the parents are not contactable? What then?

Yes, a minor can be held - even by the police - without the consent of the parents. The issue then would be whether or not the evidence would be admissible.

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Quoting Security Consultant

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Rhode Island is not one of those states that require the LP to call a parent within a certain time frame. The fact is once the police were called (OP said that at one point they were there) it is the responsibility of the police to notify the parent. They can do that at the LP office or at the police station.

As far as documents signed - what documents did the OP sign? If is was a ban from the retailer, that is not a legal document it is a notice. If the OP signed a statement, that is not a legal document and is the retailer's paperwork.

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I was in the room for an hour and a half before my parents were notified and I was requested to speak to my father, the police didn't speak to him I did. I also don't know what I signed they guy did not give me a chance to read it, because he was rushing me to get everything done with because he was dealing with two people. Myself and the 18 yr old I was with.

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Quoting Dogmatique

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And if the parents are not contactable? What then?

Yes, a minor can be held - even by the police - without the consent of the parents. The issue then would be whether or not the evidence would be admissible.

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They were.

Kid, you are just not getting it, are you? LP was well within the law to detain and question you. It doesn't matter how much you whine about it. Your rights were not violated.

As for who responds to your insipid moaning? Anyone can, whether you like it or not. I'm the moderator here, little thief, not you. Learn to take your lumps.

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Quoting oxsuga4114

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I was in the room for an hour and a half before my parents were notified and I was requested to speak to my father, the police didn't speak to him I did. I also don't know what I signed they guy did not give me a chance to read it, because he was rushing me to get everything done with because he was dealing with two people. Myself and the 18 yr old I was with.

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They were.

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The Rhode Island merchant detention statute referees to what is "reasonable." Once the police were called the retailer has met their duty. The matter is now in the hands of the police. They decide whether or not you are released to a parent or hooked up for a trip to the hoosegow.

You said it was 1 1/2 hours until "they let you call your parents - in another post you said it was hours...which is it. This leads me to believe you are really stretching the truth of what actually happened.

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Quoting LawResearcherMissy

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Kid, you are just not getting it, are you? LP was well within the law to detain and question you. It doesn't matter how much you whine about it. Your rights were not violated.

As for who responds to your insipid moaning? Anyone can, whether you like it or not. I'm the moderator here, little thief, not you. Learn to take your lumps.

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Well like they say ignorance is bliss. Clearly, you don't know me or the situation but of course you are always right. Research your juvenile laws. Thief? For a situation that happened once? You do not know me or anything about me to even THINK you know about me. I'm a good kid, got caught up in a bad neighborhood with bad examples of friends. But since you know EVERYTHING about my life I'll continue to let you speak like you do. This was a simple question in which you had take out of proportion which was uncalled for where you did not have to approach me rudely. You could have explained it professionally.

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Quoting Security Consultant

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The Rhode Island merchant detention statute referees to what is "reasonable." Once the police were called the retailer has met their duty. The matter is now in the hands of the police. They decide whether or not you are released to a parent or hooked up for a trip to the hoosegow.

You said it was 1 1/2 hours until "they let you call your parents - in another post you said it was hours...which is it. This leads me to believe you are really stretching the truth of what actually happened.

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I honestly cannot tell you the exact number of hours, I might've exaggerated time wise but I was still in there longer than an hour.

Knock off the self-righteousness, kid. You stole; therefore you are a thief. Doesn't matter what the situation was or how often it happened or who you were hanging out with. One who steals is a thief.

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Quoting cbg

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Knock off the self-righteousness, kid. You stole; therefore you are a thief. Doesn't matter what the situation was or how often it happened or who you were hanging out with. One who steals is a thief.

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So if somebody puts an item in your bag in another situation that you are unaware about and the alarm goes off and they find the item, you are still a thief?

That's not what you indicated earlier.

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Quoting cbg

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That's not what you indicated earlier.

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It was to make sure you realize not all people are doing it by knowledge.
But regardless, I just wanted to know my rights as a minor, because children are supposed to be protected. I was not trying to start an argument, I'm too young to understand how the laws work and everything. An easy break-down would have been a better result in this post instead of being insulted on my "stupidity" and harrassed by another person when basically I want my question answered. I already came across the point that I'm willing to take my consequences. I just would like knowledge from reliable professional people and it's apparent this site was not one to go on to get an professional result without being insulted. Sorry to waste your time with a stupid question, but I'm young, I don't know about this stuff.

We're not talking about "all people" - we're talking about you. You did so WITH knowledge. Therefore, what might be the case with others is of no relevance here.

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Quoting cbg

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We're not talking about "all people" - we're talking about you. You did so WITH knowledge. Therefore, what might be the case with others is of no relevance here.

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It was a point being acrossed, but it's clear you are unprofessional because you completely ignored the other section where it states you guys weren't being very professional for insulting me instead of helping me. This site is causing me nothing but stress now, thank you for the stress highly appreciate it. To insult a minor for lack of knowledge, that's just cold.

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Quoting oxsuga4114

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It was to make sure you realize not all people are doing it by knowledge.
But regardless, I just wanted to know my rights as a minor, because children are supposed to be protected. I was not trying to start an argument, I'm too young to understand how the laws work and everything. An easy break-down would have been a better result in this post instead of being insulted on my "stupidity" and harrassed by another person when basically I want my question answered. I already came across the point that I'm willing to take my consequences. I just would like knowledge from reliable professional people and it's apparent this site was not one to go on to get an professional result without being insulted. Sorry to waste your time with a stupid question, but I'm young, I don't know about this stuff.

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Maybe you should put your parents on the phone...I would like to have a discussion with them.

"I'm too young to understand how the laws work and everything." But, you were old enough to do the crime.

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Quoting Security Consultant

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Maybe you should put your parents on the phone...I would like to have a discussion with them.

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My parents have no interest speaking with people insulting their child. Sorry, not sorry.
& if you have an older person peer pressuring you because they intimidate you, clearly you would do it too.

Aw, did his widdle bitty feelings get hurt?
He's old enough to commit crimes, but all the big mean people have to hold his hand and talk nicely to him because he's too young to take any responsibility for what he did. Better that he sue the nasty store for thinking they had the right to stop him from stealing.

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Quoting cbg

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Aw, did his widdle bitty feelings get hurt?
He's old enough to commit crimes, but all the big mean people have to hold his hand and talk nicely to him because he's too young to take any responsibility for what he did. Better that he sue the nasty store for thinking they had the right to stop him from stealing.

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Clearly you guys are idiots LMFAO yes HE is sad :( aw bendito !

Kid, you need to take whatever money your parents might be pressured by your whining to put towards an attorney to sue WalMart into a savings fund for you instead. Because if you really ARE this dense at understanding the situation, you're going to NEED that money later....either for bail when you do something ELSE stupid, or to live on when you find yourself unable to get decent employment due to what promises to be a foundering criminal career.

" I'm a good kid, got caught up in a bad neighborhood with bad examples of friends."

Excuse number 6 once again raises its ugly head!!!

Followed by a new one...

"I'm too young to know stealing is bad"

Gail

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oxsuga4114;814299]I guess as a minor I have no rights, and my parents should not be notified when I'm in trouble or arrested until after I'm in a cell for a few hours instead of right away

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well, you have the same rights regarding an adult which is; they can put you in a cell without notifying anybody.


here is something you might read:


http://www.rijustice.state.ri.us/doc...JGUIDE2007.pdf

take note:

if it says shall, that means it must be done


if it says should, then it is not a required action but a recommended action

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Quoting oxsuga4114

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Clearly you guys are idiots LMFAO yes HE is sad :( aw bendito !

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we are idiots? You are the one facing shoplifting charges.

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Quoting jk

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well, you have the same rights regarding an adult which is; they can put you in a cell without notifying anybody.


here is something you might read:


http://www.rijustice.state.ri.us/doc...JGUIDE2007.pdf

take note:

if it says shall, that means it must be done


if it says should, then it is not a required action but a recommended action

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we are idiots? You are the one facing shoplifting charges.

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Actually to be technical these aren't MY charges, they were my friends charges. I posted them for an answer so I can help him, so actually you guys can get the dick out your ass, my record is clean. Thankyou. Suck a fat one.

Apparently he was too focused on trying to get into her pants and his reality check bounced.

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Quoting Disagreeable

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Apparently he was too focused on trying to get into her pants and his reality check bounced.

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Awkward moment when I'm a male also....

Uh-huh. Like I believe that.

Wasn't born yesterday, kid, and I didn't just fall off the turnip truck, either. Nice try.

Ultimately, store security has no obligation to give you special warning or privilege because you are a minor. When it goes to court, plan on video being presented which shows what actually did happen. You should ask mom n dad to hire you a lawyer and try to get diversion.

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Quoting oxsuga4114

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Awkward moment when I'm a male also....

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