Accused of Shoplifting Outside by My Car Right After I Paid

My question involves criminal law for the state of: Maine

I purchased some stuff at Kmart. 2 of the items were two plants (house plants). They were outside and big to carry inside so a kmart employee took off the UPC symbols, scanned them to double check the price for me. I asked if it would be ok to pay for them first and then pick them up? He said no problem. It's sort of like how we get ice at a grocery store, you go inside and pay then you go outside and grab your bag of ice. Simple right?

This was far from simple. I went to register 1 and paid. I had bought other items as well (a grill, charcoal) over $88 worth of items. I asked the cashier would it be ok if I took the items to my car then grabbed the plants (no one offered to help me, to grab the plants and bring them to my car. Walmart would have, Target DEFINATELY would have nice folks there, most stores would offer to "help" carry out the items. I am 5 foot 100lbs, I can't push a grill charcoal a big pyrex 32 ounce measuring cup and carry an 8 foot tropical plant and another smaller plant. So I pushed the cart outside and took the grill charcoal measuring cup to the car and put them in. I took the cart went back to outside of the store, grabbed the 2 plants I just paid for, less then 5 minutes ago. I walk up to the car and hear "M'am can I see your receipt?" and I turned around and a female Kmart employee is looking at me (as well as other people in the parking lot.) At this point I'm embarrassed and I said to the woman, hold on let me look for the receipt it's in my purse. I just paid 5 minutes ago from cashier 1. I find the receipt hand it over and I made a comment of how $12 wasn't worth my freedom. She sees I paid for the plants and proceeds to tell me how a woman that week had stolen plants, they chased her (I wish I was kidding) and she hid in the woods. I was like that's fine and dandy but how could your customer service rep not see me, where was the guy who stuck the upcs on a piece of paper and most important why didn't the girl on register 1 tell them (why didn't they ask?) She said that someone saw me and said that they better go outside and look as someone was stealing?! I was never so embarrassed in all of my life. So I went inside with this girl and looked at the customer service woman (I know she's the one who said it) and I said loud enough for all the customers to hear, See I am not a theif. Then I finished up shopping (I had a gift card for almost $300, if I didn't I'd have left and never came back).

I know you may have heard this, but I swear on my life I would starve before I would steal. I'd beg on the corner, I am NOT a theif. My job would fire me in 30 seconds if I were to steal (I deal with people's personal information, expensive items.) I love my job I make good money. Why would I steal 2 plants at $6 a piece? I wouldn't not now not ever.

I am definately writing to Kmart to complain but their customer service is the worst in the industry so I doubt it will do any good. I'm never shopping there again (I am giving the $181 balance gift card away). I am telling everyone and anyone what Kmart did. (I told 2 customers in line behind me the 2nd time I checked out to hold on to their receipt because they may be accused of stealing like I was outside). The police did not come (I paid for the plants) and the woman never accused me of stealing, only asked for my receipt. But I was at my car, I had already walked out the doors. (I was on Kmart property tho).

Can they legally do this? Stop you outside by your car? Ask for a receipt? The girl was nice don't get me wrong, but she wasn't lost prevention, she wasn't even a manager, just a customer service worker. I was embarrassed, people heard outside, people inside thought I was a theif. Just the idea of someone accusing me of being a theif makes me cringe. I only went back in to prove my point that I am NOT a theif and proceeded to shop. I did keep running into a guy who looked sort of scruffy and I wondered now and at the time if this was the loss prevention, security guy? I guess it's not important who he was what's important is they embarrassed me and made me look like a theif. They were inside discussing me, saying to check me out that I'm a theif. How very unproffesional is this? Then again who are we kidding, it's Kmart (known for their bad CS).

While the methods used may not have been the best, it was certainly legal for the employee to ask for the receipt.

For the record, it would have been legal for you to refuse.

It would have then been legal for the store to call the police.

Ok, thanks. How nice, they can call the police? Next time I'm making an employee pick up whatever items I need to get outside. That's all I need is my local police department called. I know (and sell to) a lot of the police officers. That would go over well.

Quote:

---

Quoting wronglyaccusedinpublic

---

Ok, thanks. How nice, they can call the police? Next time I'm making an employee pick up whatever items I need to get outside. That's all I need is my local police department called. I know (and sell to) a lot of the police officers. That would go over well.

---

Here's the part from Maine's shoplifting statute that provides for "merchant dention":

§3521. Detention of certain persons suspected of stealing

A store or motion picture theater owner, manager or supervisor, or that person's designee, may detain on the premises in a reasonable manner and for a period of time not to exceed 1/2 hour any person as to whom there is probable cause to believe is unlawfully concealing merchandise or concealing part of or operating an audiovisual or audio recording function of any device in the motion picture theater while a motion picture is being exhibited, without the written consent of the motion picture theater owner. The purposes of detention are: to require the person being detained to provide identification; to verify the identification; to inform a law enforcement officer of the detention and to surrender that person to the officer; to take possession of and hold stolen merchandise or recordings and related equipment pending arrival of law enforcement; and, when the detained person is a minor, to inform a law enforcement officer or the parents or guardian of the minor of the detention and to surrender the minor to the person so informed.

It does not sound as if your detention was unreasonable.

Quote:

---

Quoting cyjeff

---

For the record, it would have been legal for you to refuse.

---

One last question, please? What would have happened had I refused to show the receipt?

Why would anyone refuse to show the receipt? Makes no sense if you paid?

Quote:

---

Quoting wronglyaccusedinpublic

---

One last question, please? What would have happened had I refused to show the receipt?

Why would anyone refuse to show the receipt? Makes no sense if you paid?

---

Store employees are not the police. They cannot demand evidence be presented.

You may refuse to show them the receipt.

Their response will, most likely, be to detain you and call the police. The police CAN demand evidence be presented.

Quote:

---

Quoting Security Consultant

---

Here's the part from Maine's shoplifting statute that provides for "merchant dention:

§3521. Detention of certain persons suspected of stealing

A store or motion picture theater owner, manager or supervisor, or that person's designee, may detain on the premises in a reasonable manner and for a period of time not to exceed 1/2 hour any person as to whom there is probable cause to believe is unlawfully concealing merchandise or concealing part of or operating an audiovisual or audio recording function of any device in the motion picture theater while a motion picture is being exhibited, without the written consent of the motion picture theater owner. The purposes of detention are: to require the person being detained to provide identification; to verify the identification; to inform a law enforcement officer of the detention and to surrender that person to the officer; to take possession of and hold stolen merchandise or recordings and related equipment pending arrival of law enforcement; and, when the detained person is a minor, to inform a law enforcement officer or the parents or guardian of the minor of the detention and to surrender the minor to the person so informed.

It does not sound as if your detention was unreasonable.

---

No I guess not. I was more embarrassed and upset because they thought I was stealing.

And one last thought:I did not know that about the motion pictures. Guess I'll never take videos of a movie.

Thanks a lot for your help. I should have checked Maine.gov but some of the statues are hard to understand, even with a college education. (Especially if your degree has nothing to do with law ;)

Quote:

---

Quoting cyjeff

---

Store employees are not the police. They cannot demand evidence be presented.

You may refuse to show them the receipt.

Their response will, most likely, be to detain you and call the police. The police CAN demand evidence be presented.

---

Ok makes sense. Thanks. You've helped a lot.

(They need to have classes on Your Rights as A US Citizen (and have detailed info about your rights in the state you live. Just a thought...)

I do not understand why you are making a big deal out of this. Some one told a K-Mart Associate that someone is stealing plants. THey just had someone last week do that. SO they go out and ask for your receipt. You assume it was a associate who said that but it could have been any customer. Also if you have ever worked in retail you would know communication is not very good. So the fact the girl who asked did not know you had bought them is no surprise.

So why again are you so upset? I know it may not be the best customer service but they did not mistreat you by law. It was just a simple request to see your receipt.

[QUOTE=wronglyaccusedinpublic;227972]Ok makes sense. Thanks. You've helped a lot.

(They need to have classes on Your Rights as A US Citizen (and have detailed info about your rights in the state you live. Just a thought...)[/QUOTE]

Every State has a merchant detention statute. The laws apply to US citizens and non=citizens.

If you're serious about giving the remainder of the gift card away, may I suggest that you consider donating it to your local domestic violence shelter - they never have enough socks and underwear for the kids who end up in there, and not only would they really appreciate it, it would also be a nice tax deduction for you =)

Or you can send to us and write MAINE on a note so we'll know what state you wish it to benefit (be sure to include your return address so you can receive the receipt letter for your tax records).

Thanks!

"Why would anyone refuse to show the receipt? Makes no sense if you paid?"

If you do a quick search of the forums you'll see this comes up quite a bit here. For some reason, people 'lose' their receipts before walking out the door, and become very upset when they are detained and accused of stealing.

When people on the boards ask them why they don't want to show their receipt, they say that they don't have to. When asked why they wouldn't anyway, they state they were in a hurry, (which is a bit counter-intuitive considering it takes longer to talk to security and/or the police, then to just show your receipt.)

I know that wasn't the situation in your case; and I *do* understand how you feel. There is a certain CVS here in town that almost every time I leave I set off the alarm. I do that with a couple other stores as well. I still haven't figured out the problem. And it is embarassing. I try to avoid going there as much as possible. *lol*

~Christina

Quote:

---

Quoting wronglyaccusedinpublic

---

..... At this point I'm embarrassed... I was never so embarrassed in all of my life. So I went inside with this girl and looked at the customer service woman (I know she's the one who said it) and I said loud enough for all the customers to hear, See I am not a theif. Then I finished up shopping.......

---

So, you are vehemently embarrassed! Embarrassed to the point of re-entering the store and loudly proclaiming to a crowd of total strangers that you're "not a thief", then continue shopping? At what point did you think that was a good idea? Why not handle it quietly, then go on about your business? Why needlessly draw attention to yourself and your dreadful embarrassment?

Obviously it did not bother you all that too much to be the center of attention because you remained on premisis and finished up your shopping.

Soooooo, what's your point?

Idk, Dave,

I can tell you this; every time I set off the stupid CVS alarm (still have no reason why) I am SO embarrassed. People DO look at you as if you have been proven guilty. I WANT to chase them all down and tell them "look, I don't know why, but almost every time I come to this store, I set off the alarm..."

Of course, I haven't, but, I still see the OP's point.

You just feel as if you have been painted with the theif brush...

~Christina

Then what was the OP attempting to accomplish by re-entering the store and loudly exclaiming "See, I am not a thief!"? If the embarassment was that unbearable, then why make it worse?

After all, it was (quietly) handled out on the lot.....the OP's actions pursuant to that worsened the embarassment factor, plain and simple. Then the OP was so mortified that she remained and continued shopping.....I'm wonderin' when the embarassment really got to her? Obviously not right after she made a spectacle of herself!

Quote:

---

Quoting redtoy92

---

I do not understand why you are making a big deal out of this. Some one told a K-Mart Associate that someone is stealing plants. THey just had someone last week do that. SO they go out and ask for your receipt. You assume it was a associate who said that but it could have been any customer. Also if you have ever worked in retail you would know communication is not very good. So the fact the girl who asked did not know you had bought them is no surprise.

So why again are you so upset? I know it may not be the best customer service but they did not mistreat you by law. It was just a simple request to see your receipt.

---

Funny you ask as everyone I've spoken to was shocked that they'd think I was stealing. Note they thought I was stealing. People inside knew that they thought I was stealing.

The employee and I quote "They said I might want to go outside as someone was stealing."

What if you were leaving a hotel and they made you open a bag to prove you didn't take the towels. You might be a bit embarrassed if you were in public.

Quote:

---

Quoting souperdave

---

Then what was the OP attempting to accomplish by re-entering the store and loudly exclaiming "See, I am not a thief!"? If the embarassment was that unbearable, then why make it worse?

After all, it was (quietly) handled out on the lot.....the OP's actions pursuant to that worsened the embarassment factor, plain and simple. Then the OP was so mortified that she remained and continued shopping.....I'm wonderin' when the embarassment really got to her? Obviously not right after she made a spectacle of herself!

---

First of all for the record, each person reacts to situations in a different way. Just because YOU may not be embarrassed does not mean I may not be embarrassed.

I don't recall saying it was unbearable I said I was embarrassed. LOL trust me it takes a lot more for someone to make things unbearable.

No it was not quietly handle on the lot. It started in the store "You might want to check that woman I think she is stealing" is what was said.

No actually I was not embarrassed to tell anyone and everyone that I am not a thief. A spectacle of myself you say? I'm not sure if I did that but I guarantee I made a lasting impression. And I've repeated that same line several times and told the story to everyone and anyone that would listen.

I am not embarrassed to let the world know I am not a thief. I'm embarrassed when people think I'm a thief. Big difference.

It is one thing to state your opinions and have other people read and or reply. However in this case it appears you are quite argumentative. While I don't mind replying to opinions, I do mind replying to people who make it a point to argue. Believe it or not, your thoughts or beliefs are not the truth, they are just that opinions. Others are entitled to their own opinions as well. Sometimes we learn a thing or two when we entertain a thought even if we decide not to accept it.

Since I don't like to argue, I am going to graciously bow out now and stop responding to your argumentative posts.

Quote:

---

Quoting mmmagique

---

"Why would anyone refuse to show the receipt? Makes no sense if you paid?"

If you do a quick search of the forums you'll see this comes up quite a bit here. For some reason, people 'lose' their receipts before walking out the door, and become very upset when they are detained and accused of stealing.

When people on the boards ask them why they don't want to show their receipt, they say that they don't have to. When asked why they wouldn't anyway, they state they were in a hurry, (which is a bit counter-intuitive considering it takes longer to talk to security and/or the police, then to just show your receipt.)

I know that wasn't the situation in your case; and I *do* understand how you feel. There is a certain CVS here in town that almost every time I leave I set off the alarm. I do that with a couple other stores as well. I still haven't figured out the problem. And it is embarassing. I try to avoid going there as much as possible. *lol*

~Christina

---

Thanks! Yes I know how you feel about the alarms. You are right it's embarrassing. I've seen a lot of people turn around looking embarrassed, with their bags wide open waiting for someone to check them after they set off an alarm. Usually it's because the cashier doesn't know how or doesn't want to demagnetize them. Perhaps telling the store manager and or district manager about this situation would fix the problem. I am sure the last thing a retail business wants is to lose customers and money, especially during this economy.

Thanks for your reply :)

Quote:

---

Quoting wronglyaccusedinpublic

---

Funny you ask as everyone I've spoken to was shocked that they'd think I was stealing. Note they thought I was stealing. People inside knew that they thought I was stealing.

The employee and I quote "They said I might want to go outside as someone was stealing."

What if you were leaving a hotel and they made you open a bag to prove you didn't take the towels. You might be a bit embarrassed if you were in public.

---

Well I have learned to NEVER BE SURPRISED as to whom may steal. THere are a million reasons someone might steal, so that means it could be anyone. If I was seen outside of the hotel with the towels in my hands or in view then I would have no issue with them asking me about it. You had plants that are outside you were taking to your car. SO it is not really like leaving a hotel and asking for a bag check to be done.

I do understand it does not feel good. I also hate it when I leave somewhere and the door sensor alarm goes off becasue of the cashier did not do his/her job. But that is part of the chance we take shopping at retail stores.

Good luck and I hope you have moved on.

Merchants can detain and ask for a receipt. Whether or not it is a good business practice is still TBD.


If you are constantly alarming at CVS or other retailers it is because you have something which is disrupting the frequency (IE you have a live EAS tag on you). It is not your keys, steel toe boots or anything else. CVS uses checkpoint so look for a tag inside your clothes (it will say remove before washing) or purse. If you shop at J Crew, Banana Republic, Gap or any other non department store retailer, turn your clothes inside out and find the tag.

Since you set it off "everytime" and you are a woman, it is more than likely your purse. Look for a rectangle of cloth sewn into your inside of your purse and remove it.

Or just keep setting the alarm off.

To the OP, keep on keeping on and forget about this incident, it is NBG.

Quote:

---

Quoting wronglyaccusedinpublic

---

It is one thing to state your opinions and have other people read and or reply. However in this case it appears you are quite argumentative. While I don't mind replying to opinions, I do mind replying to people who make it a point to argue. Believe it or not, your thoughts or beliefs are not the truth, they are just that opinions. Others are entitled to their own opinions as well. Sometimes we learn a thing or two when we entertain a thought even if we decide not to accept it.

Since I don't like to argue, I am going to graciously bow out now and stop responding to your argumentative posts.

---

I reckon that's that about that then!:rolleyes:

Just for the record though.....I wasn't arguing squat. I merely asked the (painfully!) obvious..............wondering what was the point of makin' the proverbial mountain out of the proverbial molehill.