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The LP detained you long enough to investigate the entire situation then released you. Not was not unreasonable. the time frame seems abit long but the statute youposted does not state you were held too long. If you wish you may complain to Store Manager
'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.' [/QUOTE]
The Oregon merchant statutes allow merchants to stop and investigate for a reasonable abount of time. The fact the police took 3 hours may or may not be reasonable. I would be more isterested in what the retailer's policy and procedure dictates.
BTW, the Oregon statute you posted has nothing to do with the merchant statute. Here's the one you're looking for:
131.655 Detention and interrogation of persons suspected of theft committed in a store or unlawful operation of audiovisual device in a motion picture theater; probable cause. (1) Notwithstanding any other provision of law, a person may be detained in a reasonable manner and for a reasonable time by:
(a) A merchant or merchant’s employee who has probable cause for believing that the person has committed theft of property of a store or other mercantile establishment; or
(b) The owner or lessee of a motion picture theater or authorized agent or employee of the owner or lessee who has probable cause to believe that the person has violated ORS 164.882.
(2) Probable cause is a defense to any civil or criminal action based on detention and interrogation that a person brings against:
(a) A merchant or merchant’s employee who has detained the person in a reasonable manner and for a reasonable time based on probable cause for believing that the person has committed theft of property of a store or other mercantile establishment; or
(b) The owner or lessee of a motion picture theater or authorized agent or employee of the owner or lessee who has detained the person based on probable cause for believing that the person has violated ORS 164.882. [Formerly 133.037; 2005 c.459 §2]
Thank you for finding the right information. I was having problems finding it. I don't know... 3 hours seems like it's too much. Our story never changed. We were there for about two hours before he even called the police... by then he had already finished his paperwork, knew who we were, had all the info he needed, had our story... which we never faultered from...
After the police arrived he recommended I get sent to jail with my friend, as an accompliss. Now I understand he was just doing his job... but he was told for three hours I didn't do anything. I wasn't involved. I had no idea. etc. Why was he so persistant about trying to get me to admit guilt to something I didn't do.
And the fact that he gave out my personal information to a complete stranger to me. Even if she was my friend's mom... I had never talked to this woman or met this woman before yesterday. Now the woman was told my number, but full name, my picture... She was told the whole story, from his bias perspective, and included me in it. Does he have the right to give out my personal info to my friend's mom... better yet... did he have the right to give out my FRIEND'S information to her mom?? She is over 18, and I would think he has to keep that confidential.
The detainment was legal although long. However the sharing of info is a concern I suggest you contact the Store manager or even corporate and complain
In absence of the length of 'reasonable detainment' being spelled out in the law - it is up to the Courts to decide what is reasonable or legal. Court's debate this all the time.
It sounds like you should have been arrested and charged for your involvement. IF you were with her when she selected the items, in the same fitting room when she stole them, and you were with her when she walk out. If the store wanted to press charges on you, the police should have followed through with it. Your lucky the cop let you go, as he shouldn't have.
The 3 hours, was maybe waiting on the police. It would be the Police at fault for that. But if the store is going to sign charges against you that is OK.
The LP guy does seem to be unprofessional. If you and your friend are 18 or over, he should NOT have given any information to anyone with out permission, even a parent. And if you didn't want to sign, that is OK, "he" should have just wrote "refused" in the spot, to show he gave you a chance to read it. It doesn't make a difference if you sign or not, so it's a bit stupid of him to "make you sign it".
Even if the Police let you go, you should stay out of their stores for at least a year, to avoid any further trouble.