Wrongfully Stopped for Shoplifting
Short story: I live in Oregon. I was with a friend of mine and we were shopping. She stole some merchandise and I didn't know she did it. We both got stopped after leaving the store, and detained for nearly three hours.
Long story: I wanted to go shopping so I invited a friend to go with me. So we are shopping and we are picking stuff out. We went into the dressing room together. It was a large dressing room. We had our backs to one another trying items on.
We leave the dressing room together and I pay for my merchandise. I ask her where the rest of the stuff was and she said it was on the bench in the dressing room. So we are walking out of the store. I am not done shopping... I have a LOT more places I want to shop. :-)
We were stopped by Loss Prevention and asked to come in the office. I was so mad. I had a pretty good idea of what was going on. I figured they were stopping us for shopplifting, but I didn't steal anything, and I didn't think my friend did either.
When we got in the little office the Loss Prevention Manager immediately started yelling at us. "Where is my stuff. I want my stuff. I know one of you took my stuff." I denied it all. "I didn't take anything. We don't have your stuff. I don't know what your talking about." He then started yelling at me and was like four inches from my face. I yelled back and told him to get out of my face. He then placed me in handcuffs for being to hostile. He was very rude about it and yelled at me the whole time! Then he said, "We have you on camera picking out the items. You went into the dressing room with them and came out without them. And they weren't in the dressing room.
He then said, "IF YOU JUST GIVE ME MY MERCHANDISE YOU BOTH CAN JUST WALK OUT OF HERE NO PROBLEM". So my friend then said "I took stuff" and started pulling stuff out of her bra. She then said, "My friend didn't do anything though. She didn't take anything. She didn't ask me to take anything. She didn't know I took anything." He said he didn't beleive her. She is lying. What gives him the right to determine if she is lying if she is sitting there saying I didn't do anything??
He and the other LP started filling out paperwork. When they asked me for my number I said I didn't want to give them one because I had done nothing wrong. They said if I didn't give them a number I was resisting...what I would be resisting I dont know. Whe they were filling out the actual police paperwork, they said if I didn't give them my cell number too I would be resisting... again!! What a threat!
Anyway... I gave them my home number. They told us the paperwork they were filling out was because we were not going to be allowed back in the store anymore. Then we were each handed 2 papers. One stating that we admit we stole merchandise, the other stating we were aware we would be sued for $50-$500 for stealing from them. We were told to sign them. She signed hers, and I refused because I didn't do anything. HE was very aggressive about trying to make me sign the papers.
They held us there for three hours before the cops arrived, and within 10 minutes of stopping us they were told I had nothing to do with it. I didn't ask her to take anything. I didn't see her take anything. I had no clue.
Finally the police showed up. She was handcuffed and taken to jail. I was let go. The officer said "I don't believe your story one bit, but I can't prove you really did know. So I have to let you go."
P.S. My friend lives with her mom. When her mom found out she went to the store and spoke with the Loss Prevention Manager. He not only told her mom what happened, but he said he put me in handcuffs because I was being hysterical and making threats. He then showed her mom my picture and gave her all of my information! Can he do that!!
Can he lie to us to make us admit we stole stuff. Can he stop us if he didn't have a constant veiw of the merchandise. Can he give my friend's mom all my info, and lie to her, and show my picture and everything!! I feel like what he did was wrong, and I am debating about lawsuit. What do I do??
Re: Wrongfully stopped for shopplifting
Some retailers forbid fitting room stops most allow it. Its simple five item sgo in only three come out. fitting roomis examined no merchandise this means last occupant of fitting room has merch. The stop was legal unless that retailers policy forbids it. you were not charged other than the detainment which was legal no harm no foul
Re: Wrongfully stopped for shopplifting
Even to be detained for 3 hours?? That, to me seems pretty extreem when the whole time they were being told I did nothing wrong. And he tried to FORCE me to sign papers admitting my guilt... AND... he told my friend's mom EVERYTHING!!! I feel like my rights were violated. I was lied to, it was attempted to force me to sign something I didn't have to sign that would have incriminated me, and I also had my personal information given to someone I didn't know...
Re: Wrongfully stopped for shopplifting
Then by all means try to sue however its very doubtful any Attorney will take such a case without money upfront. LP may have acted in a manner they shouldnt but there are no real damages
Re: Wrongfully stopped for shopplifting
You have to consider how many people they stop for shoplifting at their store and how many times they've heard "I didn't do anything".
I have to say it is kind of hard to believe that you can be in the same dressing room as someone (unless it was extremely huge) that you wouldn't notice her merchandise be missing.
Re: Wrongfully stopped for shopplifting
Thank you for your speedy response. My main concern isn't filling a lawsuit. I wanna know if he had the right to do the things he did...
Did he have a right to stop me, if I didn't do anything, and also didn't know anything was taken. If there a limit as to how long he can have me detained. Can he give my personal/private information out to my friend's mom?? Can he bully me into signing papers that would incriminate me and are untrue??
Re: Wrongfully stopped for shopplifting
The dressing room was huge and when I asked her where the other stuff was, she said it was on the bench in the dressing room
It was a very small item
Re: Wrongfully stopped for shopplifting
Quote:
Quoting
muncharunch
Thank you for your speedy response. My main concern isn't filling a lawsuit. I wanna know if he had the right to do the things he did...
Did he have a right to stop me, if I didn't do anything, and also didn't know anything was taken. If there a limit as to how long he can have me detained. Can he give my personal/private information out to my friend's mom?? Can he bully me into signing papers that would incriminate me and are untrue??
The detainment was legal.
There is no time limit
Can he give out your private info? No but do you have proof this happened and what harm did it cause you?
Re: Wrongfully stopped for shopplifting
Quote:
Quoting
panther10758
The detainment was legal.
There is no time limit
Can he give out your private info? No but do you have proof this happened and what harm did it cause you?
This is what i found in the Oregon Revised Statues, and I am not sure if they even pertain to LP... But as far time goes... obviously he held me too long!!
---Gotta love how vague laws are---
153.039 Stop and detention for violation.
(1) An enforcement officer may not arrest, stop or detain a person for the commission of a violation except to the extent provided in this section and ORS 810.410.
(2) An enforcement officer may stop and detain any person if the officer has reasonable grounds to believe that the person has committed a violation.
(3) Except as provided in subsection (4) of this section, the period of detention may be only as long as is necessary to:
(a) Establish the identity of the person, firm, corporation or organization believed to have committed the violation;
(b) Conduct any investigation reasonably related to the violation; and
(c) Issue a citation for the violation.
(4) The authority of an enforcement officer to stop and detain a person for a traffic violation as defined by ORS 801.557 is governed by ORS 810.410. [1999 c.1051 §10]
And my friend's mom call me (she never previously had my number and I have never met the woman) and she left me a huge long message lecturing me and yelling at me. Telling me how disgusting I am. I am a liar and a theif. I am a bad influence on her daughter. She is never allowed to contact me again... etc.
I saved the message. And she also left a message on her daughters phone, which her daughter saved. :-) both of us are over 18
Re: Wrongfully stopped for shopplifting
It would probably be better to say that there is no firm time limit. The statute details the permitted purposes of detention, and detention should not be longer than is reasonably necessary to perform the acts authorized by the statute.