Stopped and Later Arrested for Shoplifting in Macy's

My question involves criminal law for the state of: California
I was arrested for shoplifting in Macy's. I had three dresses in my bag.
Macy's sales associate told that I steal dresses from Macy's, for the amount of more than $1,000.
All three dresses had holes after removing sensors, no tags.
I didn't sign any papers and I didn't admit shoplifting. I told that I would not talk with anybody without Lawyer.
I told that I got dresses as a present from girlfriend in bag and never opened bag and planed give those dresses to donation.
I told that I came in Macy's because I waited for my friend and came to bathroom and on the way tried couple of clothes. I had Macy's gift certificates with me which I told I got with dresses also as a present.

They called police, I spent night in jail, and I would have court in one months.
I would very appreciate your advice how to avoid any punishment and record.
I know that there is no videotapes of me taking of dresses and putting in bag.
I didn't have any sensors or any Macy's tags on dresses.
Could Judge believe me that dresses don't believe to Macy's and I really got them as present and I have right to have anything in my bag when I enter store, even dresses with holes which Macy's has for sale now. Because anybody else could buy them any day and give them to me.
Which proves Macy's should have, to tell that I stole this dresses. Sales girl told that she saw me taking dress and followed me, nobody was in fitting room and I told that I put all items back after trying. I went in second fitting room was checked in and out with two items by Sales Associate. Then I went in bathroom and elevator. I was stoped outside, checked. I never admitted any shoplifting even if this girl found three dresses in my bag with holes including dress which she told she saw me taking for trying. No sensors, no tags, just dresses with holes after taking sensors.
How I could protect myself now. Macy's worker don't want to believe that I got dresses as presents for donation and was on my way for donating this dresses, just stoped by in store where they sell this dresses. I participate in donation projects, we donate clothes to charity.
Now I would have court and grand theft charges.
Please advice what should I tell to court and be not guilty.
Thank you for your help!!!

What donation company do you work with that donates dresses? Awfully nice of you to donate some brand new dresses (over $1000 worth) to charity that initially was presents from your family.

I need ExperLaw advice not comments.
People donating million of dollars, it's charity.
I just would like to know how to proof that I didn't take those dresses from Macy's I came with them and left with them and didn't take anything from store. You could find those dresses in any big supermarket, Saks, Bloomingdales, Neiman Marcus in any city. Is it enouph for them to tell that I stole those dresses and punish me, how they could prove it? Do thye need to submit proof to court or they already made complain. Is somebody from Macy's would come on my court day or not? Do they bring those dresses in court or not as a proof? And if they would how they could proof if those dresses not from Saks for example, or from New York or Chicago?

There is not much expert law advice that will help you. I suspect that if we walked into that store on the same day you did we would find racks of clothes with what just so happens to be (GASP!!) the exact same dresses!!

No, sorry, not all stores carry the same merchandise.

You have been caught, and, instead of being a big girl and fessing up, you are looking for a way to prove your lies? Or at the very least to disprove the truth?

I will say you might want to reconsider your strategy. A judge is not going to look favorably on someone who insists on such an obvious fabrication.

I wouldn't hold out much hope on having the charges dropped. First you have a sales person who witnessed you with the dresses. Then they appear in your bag, with holes from where the EAS tags were ripped out, and you claim that your "friend" gave them to you that morning, and you just walk into Macy's before you go and donate them to charity. No the judge is not going to believe you. And you probally are on camera, Macy's has a state of the art camera system.

Surely your friend will show up in court to testify on your behalf, present her receipt, and explain why there were holes in the clothes consistent with their being stolen. Surely the video surveillance in the store will show that you never went near the identical items inside the store, and that the volume of items in your bag was unchanged throughout your visit to the store.

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Quoting dede

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I need ExperLaw advice not comments.
People donating million of dollars, it's charity.
I just would like to know how to proof that I didn't take those dresses from Macy's I came with them and left with them and didn't take anything from store. You could find those dresses in any big supermarket, Saks, Bloomingdales, Neiman Marcus in any city. Is it enouph for them to tell that I stole those dresses and punish me, how they could prove it? Do thye need to submit proof to court or they already made complain. Is somebody from Macy's would come on my court day or not? Do they bring those dresses in court or not as a proof? And if they would how they could proof if those dresses not from Saks for example, or from New York or Chicago?

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Your excuse would have to survive the issue of "reasonableness". Your excuse would not.

Have you ever heard the expression "What looks like a duck, sounds like a duck and acts like a duck is usually a duck."

You had three new dresses in your bag... all were damaged to remove the security tag (which would not have happened if they had been purchased and given to you) and all three were available for purchase in the store you were in when caught.

Further, you have done this often enough to remove the tags in a place where you believe there are no cameras.

Add to that the simple fact that you lawyered up when confronted gave the store no choice. You didn't say if you were caught with a tool for removing the tags.

Bring your lawyer to court.... you will need one.

The same dresses sold in Saks and other stores.
Sales person saw how I took white dress to try, she told that she followed me to the fitting room. Yes, I went in fitting room with four items, other sales person saw me, I left the same numeber of items which I took with me, I didn't leave any additional hangers, sensors, tags in fitting room.
I went in other fitting room with two items and the same was check in and out by Sales Associate.
Then I went in bathroom and elevator.
I just don't see any legal reasons to stop me.
If they were suspicious, why Lady in fitting room didn't ask me anything.
I returned all items back.
OK, I had clothes in my bag, but it could be not new, or from other store. I work for charity, and we are getting so many designer clothes, sometimes new with tags for donation.
Did they have right to stop me if I was checked in and out in fitting room with the same number of clothes?
And there is no any Macy's tags on clothes.

A store clerk says she saw you taking the merchandise they found in your bag. That happened to be stolen Macy's merchandise. The police found probable cause for arrest and the prosecutor found the evidence sufficient to authorize criminal charges. So by all appearances, they acted reasonably in detaining you on suspicion of shoplifting.

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Quoting dede

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And there is no any Macy's tags on clothes.

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The thing you seem to be forgetting and assuming we'll forget is that you yourself even stated that the dresses had holes in them from where the Sensors were.

If you purchase an item with a sensor, they don't tear the sensor off thus destroying the item, they remove it, leaving behind barely any visibility that such a sensor was placed there.

You didn't purchase the items, they weren't given as a gift they were simply stolen and the tags were removed without the proper device.

I still don't see why you would carry about that much in clothing around to different stores and departments, if you were going to donate them then you should have went straight to the place to donate or leave them in your car until you get there. Your story doesn't make any sense and it's not going to help you out at all.

If I would come today with items which I bought in different store and Macy's sells the same items, they could stop me and accuse in shoplifting if I don't have any receipts?

I have more questions.
Sales girl put handcaff on my hand, open my bag, took my belongings, started to search my bags. Ask me questions and make my pictures.
When I refused to talk to her and told that I need a Lawyer and I need to see her ID, she told that her ID upstairs and put second handcuff on my hand because I refused to talk to her.
Did Sales Associate not LP Representative have right to search my bag, open my valet and take my ID without my permission and without showing her ID?

Quite honestly, the members of this board have better things to do than respond to this.

If you think you can convince a judge of your innocence, I suggest you take it to court.

I wouldn't have anything else to do that day. And don't park in a space that charges by the hour.

I just want Macy's workers to have 100% proof before they stop and accuse somebody.
I work in security myself.
If I would be this girl. First I would stand in fitting room myself, count all items, before checking in and out.
I would come to the person, smile and ask if everything is going great to double check.
I would come to second fitting room and check in and out myself.

I would check room after customer in fitting room.
To stop and accuse somebody they need to have proof.
Plus before searching bag, asking questions, putting handcuffs you need to show your ID.
May be Macy's needs to have check in and out table, to avoid any problems. If I have similar items in my bag from other store, I could go to Check Table tell that I have items in my bag to avoid any search and accuse by workers when I would leave the store.

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Quoting dede

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I just want Macy's workers to have 100% proof before they stop and accuse somebody.
I work in security myself.
If I would be this girl. First I would stand in fitting room myself, count all items, before checking in and out.
I would come to the person, smile and ask if everything is going great to double check.
I would come to second fitting room and check in and out myself.

I would check room after customer in fitting room.
To stop and accuse somebody they need to have proof.
Plus before searching bag, asking questions, putting handcuffs you need to show your ID.
May be Macy's needs to have check in and out table, to avoid any problems. If I have similar items in my bag from other store, I could go to Check Table tell that I have items in my bag to avoid any search and accuse by workers when I would leave the store.

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Fine. You are the only LP person that is also about to be a convicted shoplifter.

You might want to get your resume out.

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Quoting dede

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The same dresses sold in Saks and other stores.
Sales person saw how I took white dress to try, she told that she followed me to the fitting room. Yes, I went in fitting room with four items, other sales person saw me, I left the same numeber of items which I took with me, I didn't leave any additional hangers, sensors, tags in fitting room.
I went in other fitting room with two items and the same was check in and out by Sales Associate.
Then I went in bathroom and elevator.
I just don't see any legal reasons to stop me.
If they were suspicious, why Lady in fitting room didn't ask me anything.
I returned all items back.
OK, I had clothes in my bag, but it could be not new, or from other store. I work for charity, and we are getting so many designer clothes, sometimes new with tags for donation.
Did they have right to stop me if I was checked in and out in fitting room with the same number of clothes?
And there is no any Macy's tags on clothes.

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Wait, you work for charity or security?

I work in technical security company and also I volunteer for charity organizations and people in need. I gather donated items and give it to people in need or charity organizations computers, clothes, etc.

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Quoting dede

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I work in technical security company and also I volunteer for charity organizations and people in need. I gather donated items and give it to people in need or charity organizations computers, clothes, etc.

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Don't mean to pry, but why were you carrying the presents you received from family (which you intended to donate even though it has holes and you guys get plenty of designer clothes anyway) in a bag at Macy's? Were you on your way to drop them off but decided to make a quick stop by Macy's?

What was the distance between Macy's and the charity location?

Were you using public transportation. A person normally would leave things in there vehicle. I can not think of any other reason for your actions.

Also from your original posting it sounds like your fishing for some story that a Judge would believe. We do not do that here.

Guys, we are being pranked.

This isn't worth our time.

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Quoting dede

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I just want Macy's workers to have 100% proof before they stop and accuse somebody.
I work in security myself.If I would be this girl. First I would stand in fitting room myself, count all items, before checking in and out.
I would come to the person, smile and ask if everything is going great to double check.
I would come to second fitting room and check in and out myself.

I would check room after customer in fitting room.
To stop and accuse somebody they need to have proof.
Plus before searching bag, asking questions, putting handcuffs you need to show your ID.
May be Macy's needs to have check in and out table, to avoid any problems. If I have similar items in my bag from other store, I could go to Check Table tell that I have items in my bag to avoid any search and accuse by workers when I would leave the store.

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Does anyone besides me think this poster and their story is a complete fraud and pulling our chains?

My donation company is 4 blocks from Macy's store
I was late because my appointment was longer that I expected, and actually I went in Macy's mostly in bathroom not to buy clothes, when I waited for my friend to pick me up

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Quoting dede

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My donation company is 4 blocks from Macy's store
I was late because my appointment was longer that I expected, and actually I went in Macy's mostly in bathroom not to buy clothes, when I waited for my friend to pick me up

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Your story (and I read all your posts) is not believable.

This is the place where I got donation:

Women's Clothing(S-M)

Reply to: sale-76099@craigslist.org
Date: 2008-07-17, 7:32AM PDT

Everything is in good condition, some clothes still have tags attached. I'm moving far away and won't have the space or the need for these articles.
The clothes are suitable for a young misses style woman, on the petite side, and stylish.
On ...... between ..... and ..... in white bin bag beside recycling bin.

Given this person's tenuous grasp of the English Lanugage, I suspect that her next problem is fighting Deportation.

I'm citizen.
May be next step would be that I would file lawsuite againsts Macy's for false accuse. I never saw any holes in dresses, sales girl told that sensor was removed and it were signs. She lied. Also she told that she saw me puting clothes in fitting room, because she could see everything outside. Lie.

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Quoting dede

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I told that I got dresses as a present from girlfriend in bag and never opened bag and planed give those dresses to donation.

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Quoting dede

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This is the place where I got donation:

Women's Clothing(S-M)

Reply to: sale-76099@craigslist.org

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If that's where you got the clothes, why did you lie to security at Macy's?

I didn't lie to security, I almost didn't talk with them, because sales girl who ask me questions and searched my bags without my permission didn't have ID and even didn't represent herself. When I asked her for ID she put two handcaffs. I told that I'm not going to talk to anybody without Lawyer and they called police.
It was complete harrasment, nobody in my life insulted me like this woman.
Now I have questions, did they have right to search my bag without my permission because I told if they would continue to insult me I would call police, sales girl asked me qustions and put handicuffs without representing herself and showing ID, did she has right to do it?
Did they have right to stop me if I was cheked in and checked out with the same number of items in fitting room?
Items which I had in my bag were in bag of different store, do they have right to tell that it's items from Macy's if they are without any tags and in bag of different store?

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Quoting dede

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This is the place where I got donation:

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Wait.. They were presents in the beginning and now you were the one getting donations? Oh what a tangled web we weave when first we practice to deceive.

You can barely type out a proper story on a forum where there's no/little pressure. Good luck looking intelligent/presentable in court. You sound like a criminal here, god knows how you act in person.

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Quoting Security Consultant

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Does anyone besides me think this poster and their story is a complete fraud and pulling our chains?

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After reading all this, INCREDIBLY, sad story, I'd say it's 50-50....truth to BS, that is. With all the inconsistencies I'd hazard a guess that the OP is just as good at shoplifting as at telling the truth....hence the close-encounter with LP!:)

In the (likely!) event that this is wankin', I'd say someone has waaaaayyyy too much free time, but checks up light in the imagination department!

I made experiment today, I walked in Neiman Marcus, Nordstrom, Saks with bag with clothes. I went many times in fitting room, tried clothes, returned, and nobody stoped me and asked what I have in my bag.
Because if they would, they would see the same items which they sell. All big stores selling the same items.
I would try tomorrow the same experiment in Macy's were they stoped me.
I need proof that they simply harassed me by stoping and accusing without any reason, only because I had bag with me and they don't have enouph sales and trying to rip of customers.

Hey dede:

Get a lawyer.
You NEED a lawyer.
Oh, and uhm, if you don't get one, let us know what happens in court. (you know, after you get done serving your sentence and have access to the internet again.)

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Quoting dede

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This is the place where I got donation:
Everything is in good condition, some clothes still have tags attached. I'm moving far away and won't have the space or the need for these articles.
The clothes are suitable for a young misses style woman, on the petite side, and stylish.
On ...... between ..... and ..... in white bin bag beside recycling bin.

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The glory of the Internet. I seem to have tracked down what appears to be your source, and it appears that your source has a neverending flow of designer clothes, as well as never quite getting around to moving out of the country. This person has been at this for well over a year.

The funny thing is, you're the only recipient of such largesse - everybody else has to pay. It seems odd, but perhaps this "donation" was about clearing out some of the stolen clothes that were damaged to the point that they couldn't be sold.

The good part for you is that the police should be able to use this information not only to track down a professional shoplifter, but also to prove that you're an innocent victim of this shoplifter's antics. I would not be surprised if, upon contact by law enforcement, craigslist could provide a complete list of every ad and every transaction associated with this person and their IP address. Also, they used Yahoo! email and its photo services - there will be records available through Yahoo! as well.

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Quoting craigslist

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New Beautiful Dolche & Gabbana Jeans - $400 (cole valley / ashbury hts)
sale-289793587@craigslist.org
Tuesday, March 6, 2007
New Stylish Dolche & Gabbana Jeans

Made in Italy

Size 40 (European)

Original price: $1,400

If interested please send e-mail: del0824@yahoo.com

Please check more clothes:

http://new.photos.yahoo.com/del0824

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Quote:

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Quoting craigslist

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New Beautiful Stylish Clothes For Sale, best offer (cole valley / ashbury hts)
sale-302371801@craigslist.org
Wednesday, March 28, 2007

New Stylish Spring & Summer clothes for ladies D&G, Alfani, Calvin Klein Leather Jackets, Jeans, Beautiful Dresses, Blouses, Skirts, pants, shoes, and handbags Please check:
http://new.photos.yahoo.com/del0824/

If you are interested please send me e-mail del0824@yahoo.com for more photos and come to try what you like in my place. I'm moving and can't take all clothes with me. I bought many items in Europe, great quality. I would give you Present if you would buy more than two items.

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Quoting craigslist

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Jackets, Jeans, Dresses, Blouses, Skirts, Pants: D&G, CK - $10 (cole valley / ashbury hts)
sale-303266979@craigslist.org
Friday, March 30, 2007
New Stylish Spring & Summer clothes for ladies D&G, Alfani, Calvin Klein
Leather Jackets, Jeans, Beautiful Dresses, Blouses, Skirts, pants,
shoes, and handbags

Price best offer

Sizes S, M, L.

Please send e-mail for more photos: del0824@yahoo.com

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Quote:

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Quoting craigslist

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New Beautiful Blue Evening Dress Morgan&Co by Linda Bernell - $40 (cole valley / ashbury hts)
sale-303872455@craigslist.org
Saturday, March 31, 2007
New Beautiful Blue Evening Dress for Sale Morgan & Co by Linda Bernell, with tag. Original price $110. Great Dress for Present! Size 3/4
Please check more New Stylish Spring & Summer clothes for ladies D&G, Alfani, Calvin Klein: Leather Jackets, Jeans, Beautiful Dresses, Blouses, Skirts, pants, shoes, and handbags Please send e-mail for more photos: del0824@yahoo.com Please check: http://new.photos.yahoo.com/del0824/

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Quote:

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Quoting craigslist

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New Beautiful Stylish Clothes: D&G, Calvin Klein, Alfani - $10 (cole valley / ashbury hts)
sale-304483764@craigslist.org
Sunday, April 1, 2007

New Stylish Spring & Summer clothes for ladies D&G, Alfani, Calvin Klein
Leather Jackets, Jeans, Beautiful Dresses, Blouses, Skirts, pants, shoes, and handbags
Price best offer
Sizes S, M, L.
Please send e-mail for more photos: del0824@yahoo.com
Please check:
http://new.photos.yahoo.com/del0824/

Moving sale, great prices. Most of the clothes are new, purchased in Austria, some with tags.

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Quote:

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Quoting craigslist

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New Stylish Beautiful Lady's Clothes: D&G, Calvin Klein, Alfani - $10 (cole valley / ashbury hts)
sale-304773900@craigslist.org
Monday, April 2, 2007
New Stylish Spring & Summer clothes for ladies D&G, Alfani, Calvin Klein
Leather Jackets, Jeans, Beautiful Dresses, Blouses, Skirts, pants, shoes, and handbags
Price best offer
Sizes S, M, L.
Please send e-mail for more photos: del0824@yahoo.com
Please check:
http://new.photos.yahoo.com/del0824/

Moving sale. Most of the clothes are new, some with tags, purchased in Austria.
If you are interested please send me e-mail del0824@yahoo.com and come to check what you like in my house.

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Quote:

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Quoting craigslist

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New Beautiful Clothes for Lady's - $10 (cole valley / ashbury hts)
sale-306079408@craigslist.org
Wednesday, April 4, 2007
New Stylish Spring & Summer clothes for ladies D&G, Alfani, Calvin Klein

Leather Jackets, Jeans, Beautiful Dresses, Blouses, Skirts, pants, shoes, and handbags

Please send e-mail for more photos: del0824@yahoo.com

Please check:

http://new.photos.yahoo.com/del0824/

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Quote:

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Quoting craigslist

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Jackets, Pants, Dresses, Skirts, Blouses: D&G, CK, DKNY - $10 (cole valley / ashbury hts)
sale-308022626@craigslist.org
Saturday, April 7, 2007
New Stylish Spring & Summer clothes for ladies D&G, Alfani, Calvin Klein, DKNY, Kenneth Cole
Leather Jackets, Jeans, Beautiful Dresses, Blouses, Skirts, Pants, Shoes, and Handbags

Please send e-mail for more photos: del0824@yahoo.com

Please check more items:
http://new.photos.yahoo.com/del0824/

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Quote:

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Quoting craigslist

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Stylish New Beautiful Lady's Clothes: D&G, DKNY, CK, KC - $10 (cole valley / ashbury hts)
sale-308756221@craigslist.org
Monday, April 9, 2007
New Stylish Spring & Summer clothes for ladies D&G, Alfani, Calvin Klein, DKNY, Kenneth Cole
Leather Jackets, Jeans, Beautiful Dresses, Blouses, Skirts, Pants, Shoes, and Handbags

Please check:
http://new.photos.yahoo.com/del0824/

Please send e-mail for more photos: del0824@yahoo.com

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Quote:

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Quoting craigslist

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DKNY Blouses,KennethCole Leather Jacket,D&G Jeans,CK Skirts, Dresses - $10 (cole valley / ashbury hts)
sale-311036621@craigslist.org
Thursday, April 12, 2007
New Stylish Spring & Summer clothes for ladies D&G, Alfani, Calvin Klein, DKNY, Kenneth Cole
Leather Jackets, Jeans, Beautiful Dresses, Blouses, Skirts, Pants, Shoes, and Handbags
Price best offer
Sizes S, M, L.
Please send e-mail for more photos: del0824@yahoo.com
Please check:
http://new.photos.yahoo.com/del0824/
I’m moving in New York. Most of the clothes are new, some with tags.
If you are interested please send me e-mail del0824@yahoo.com and come to check what you like in my house.

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Quote:

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Quoting craigslist

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D&G, DKNY, Alfani New Lady's Blouses, Pants, Jackets, Skirts - $10 (cole valley / ashbury hts)
sale-313941111@craigslist.org
Tuesday, April 17, 2007
New Stylish Spring & Summer clothes for ladies D&G, Alfani, Calvin Klein, DKNY, Kenneth Cole
Leather Jackets, Jeans, Beautiful Dresses, Blouses, Skirts, Pants, Shoes, and Handbags
Price best offer
Sizes S, M, L.
Please send e-mail for more photos: del0824@yahoo.com
Please check:
http://new.photos.yahoo.com/del0824/
Moving sale. Most of the clothes are new, some with tags, purchased in Austria.
If you are interested please send me e-mail del0824@yahoo.com and come to check what you like in my house.

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Quote:

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Quoting craigslist

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NEW BLACK LEATHER DRESS - $30 (cole valley / ashbury hts)
sale-314629758@craigslist.org
Wednesday, April 18, 2007
NEW BLACK LEATHER DRESS

SIZE MEDIUM

Please check: http://new.photos.yahoo.com/del0824/ Please send e-mail del0824@yahoo.com or call 415-645-3761

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Quote:

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Quoting craigslist

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Beautiful Lady's Clothes: D&G Jeans, DKNY Blouses,Pants,Alfani Dresses - $10 (cole valley / ashbury hts)
sale-313624515@craigslist.org
Tuesday, April 17, 2007
New Stylish Spring & Summer clothes for ladies D&G, Alfani, Calvin Klein, DKNY, Kenneth Cole
Leather Jackets, Jeans, Beautiful Dresses, Blouses, Skirts, Pants, Shoes, and Handbags
Price best offer
Sizes S, M, L.
Please send e-mail for more photos: del0824@yahoo.com
Please check:
http://new.photos.yahoo.com/del0824/

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*lol* Mr. Knowitall...I thought about looking into that but just never got around to it.

I think it would be a favor to dede to pass along this info to the proper authorities, no?

~Christina

Did you find ad about 5 bedr house?

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Quoting mmmagique

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*lol* Mr. Knowitall...I thought about looking into that but just never got around to it.

I think it would be a favor to dede to pass along this info to the proper authorities, no?

~Christina

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Only if our friend Dede isn't also the one putting the ads in the paper.

Considering we are now on our, what, fourth explanation of why she had designer clothing with the tags ripped off in her possession, I don't think it is outside the realm of possibility.

Maybe we should consider turning this thread and the associated IP addresses over to the DA.

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Quoting dede

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Did you find ad about 5 bedr house?

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Who gave you a five bedroom house?

I got it from craigslist for free

I have to agree, if you read the ads then read her posts, the english is quite similiar.

Sorry if deleting all that garbage interferes with... whatever spamming the thread with irrelevant ads was supposed to do.

You can either take the information Mr. Knowitall ferretted to the police, to see if it helps you, or post the details of the ad you responded to - the whole thing, not just your curiously edited excerpt - to see how it lines up. But posting ads from other states that have nothing to do with this incident won't help anything.