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Shoplifting Charge for Removing Security Wrap, But Left Item in the Store

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  • 10-29-2014, 07:01 PM
    Mr. Knowitall
    Re: Prosecuted for Removing a Spyder Wrap, and Never Removing Item from Store
    You removed the security device in order to steal the merchandise. That's all it takes to be guilty of either retail fraud or the other offense of removing a security device with the intent to steal.
  • 10-29-2014, 07:22 PM
    bam!
    Re: Prosecuted for Removing a Spyder Wrap, and Never Removing Item from Store
    The fact that you know its a spider wrap leads me to believe you know a thing or two about anti theft devices, things that common people do not know.

    Also, be honest, have you stolen in the past? What is your criminal record like? How did they ID you?

    You need to not talk to the police and make them charge you. Once charged, obtain legal counsel and let them do their job.

    In the future, do not remove anti-theft devices from items.

    As a part of my former job, I would present to employees at my stores on ways people defeated our security measures. Sometimes I would carry a booster bag or "magic bag" from my car to the store. One time the cops stopped me because someone reported me. I almost was charged for possession of burglary tools until they found out what my job was.
  • 10-30-2014, 07:37 AM
    free9man
    Re: Prosecuted for Removing a Spyder Wrap, and Never Removing Item from Store
    Quote:

    Quoting bam!
    View Post
    As a part of my former job, I would present to employees at my stores on ways people defeated our security measures. Sometimes I would carry a booster bag or "magic bag" from my car to the store. One time the cops stopped me because someone reported me. I almost was charged for possession of burglary tools until they found out what my job was.

    I would take a busted spiderwrap and cut the wires on it so they could hear what it sounds like. That or use the test button. Sometimes ya just want to break something. You hear that...call us.
  • 10-30-2014, 07:54 AM
    DeputyDog
    Re: Prosecuted for Removing a Spyder Wrap, and Never Removing Item from Store
    This whole thread is beating a dead horse.

    You removed the anti-theft device. You are charged with a crime of removing an anti-theft device. They can prove you did that, thus can prove you committed the offense.

    GUILTY.

    Nothing more to debate.
  • 10-30-2014, 04:31 PM
    LPProf
    Re: Shoplifting Charge for Removing Security Wrap, But Left Item in the Store
    From my experience in the loss prevention field, this sounds like they had more than just one instance of this occurance before the retailer attempted to prosecute. Typically, if a retailer doesn't have concealment, or more proof of the individual taking the merchandise from the store, they usually won't prosecute from the first instance; however, if said retailer can find a trend of the merchandise going missing and finds more than one instance of selection with specific intent then they will usually use the trend to substitute the concealment. With that being said, they probably aren't telling you everything and you probably aren't being completely honest yourself.

    To illustrate the process a bit more, some years back I was working for a large retail giant as a uniformed LP and began to notice where a lot of (coincidentally) portable hard drives were going missing. I would find the spiderwrap and empty packages in the restroom. I went back on video to find the two subjects selecting the merchandise from the shelf and placing them at the bottom of the cart. Occasionally, you would see one individual select, stage the cart, and have the other individual select the cart after and walk to the restroom. Although I was unable to find concealment of the merchandise, I was able to obtain prosecution approval because of the trend that had developed. I used partnerships with local law enforcement and other retailers to identify the individuals. They were picked up by law enforcement some weeks later halfway across the state.

    Concealment does not always have to be seen to establish theft. Specific intent is the key to proving dishonesty.
  • 10-31-2014, 12:00 PM
    Mr. Knowitall
    Re: Shoplifting Charge for Removing Security Wrap, But Left Item in the Store
    As we've gone over several times, you don't need evidence of concealment here -- there was a very deliberate circumvention of the store's security device.
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