False Accusation of Shoplifting at ACME Supermarket

My question involves criminal law for the state of: New Jersey.

I went grocery shopping at my local ACME market. I have shopped there for several years and have a supersaver card as well so they can check out my shopping history I'm sure.

I went in this afternoon to pick up about 12 items of groceries. Normally i'd grab a hand-held basket but they were all out so they had re-usable grocery bags at the entrance that you could buy that you were encouraged to use so as to avoid the plastic or paper bags that you would normally bag with.

So I grabbed one of those and went about my shopping and put my groceries in that bag as I shopped. I heard something on the PA system about security and thought there was some of kind of security situation arising.

I went to check out my items a short time later through the self-service line. I rang up all of my items including the re-usable back that I had picked up since that cost $1.99. Upon leaving a gal at the exit peaked into the grocery bag and just let me go.

Once outside I heard yelling as to "stop and put the bags down". It was coming from behind me and having done nothing wrong I thought it was directed at someone else. They yelled again in a loud voice so i turned around. Turns out they were yelling at me and it was a few uniformed police officers. Once again they said to put the bags down now and get up against the police car. While doing this the officer had his GUN DRAWN AND POINTING RIGHT AT ME!.

I put down my stuff and they pushed me up against the front of a police car and put me in handcuffs! I kept asking what I did wrong and they wouldnt tell me. After a few minutes they said that I was at the store last night and kicked out for stealing something and was told never to come back. Obviously it wasn't me but they thought it was. They searched the bags I had and saw that i had a receipt and paid for them. They kept me detained in front of the store in plain site of all the passersby for about 30 minutes while officers went in and out of the store.

They explained that an employee indentified me as being there last night and someone who had stolen razor blades. Once again I told them they had the wrong guy. They kept pressing me to admit the crime and I wouldnt. One cop then said that if the girl comes out to ID me and thinks I was the guy that I was going to be hauled off to jail.

After running my ID and standing outside for several minutes the officer comes out and says that it turns out they had the wrong guy and that the guy they were looking for was missing his front teeth. They released me from the cuffs, aplogized and said I could go. However they said that the store requested i never come back for some unknown reason even though they realized they had the wrong guy!

After the whole mixup, I was clearly shaken a nervous wreck. However I probably would have been okay with just an apology from the store manager. However, what I got instead was just an "oops" from the police no communication from anyone at the store and i'm still all shook up. This just happened about 3 hours ago.

Given the fact that there was seemingly no probably cause and they were trying to have me arrested for something someone did the previous night (just because I looked like him and was wearing similar clothes), is there any recourse that i have for a complaint or lawsuit?

Isn't drawing a gun and throwing someone up against a car considered excessive force when confronting a suspected (albeit wrongfully accused) shoplifter whose hands were occupied by bags?

Other than that, is there anything I should do to protect myself from a future record or watchlist?

Or is it simply wrong-place/wrong-time and get on with my life?

I'd like to hear opinions on what actions I should take if any.

thanks.

In the state of New Jersey you can be detained, arrested, and charged with shoplifting simply by being observed concealing merchandise. This may happen while you are still in the store, but usually most LPS, will make sure you have passed all POS..(registers), and have walked out of the building. It makes it much easier to prove intent, beyond a reasonable doubt in court.
see link below..
http://www.njleg.state.nj.us/2000/Bills/pl00/16_.pdf

Based on your story, in using those canvas bags, you technically concealed merchandise. While I have seen more, and more cases of honest people using these bags to do their shopping with, I can bet that shoplifters also use them. These bags, while great for the environment are security guards worse nightmare.

This store clearly made a mistake of identity, and in my opinion, their actions, as well as the police officers, where totally out of control. In all of my years on the job, I have never heard of officers drawing their guns on a suspected shoplifter, especially based on someone else's identification of them. There must be more to the story than him just stealing razor the night before. This could have been a possible attempted armed robbery, or something along those lines. Either way they thought you were him, and that you were armed.

You as a civillian have rights, and they were clearly violated. You have the right to go to the police station, and file a complain against the officer, or officers that used such force with you. They too are bound by laws, and they must account for their actions. You also have the right to sue the store for defamation, and for interfering with your peace of mind. I would get a lawyer right away. I can understand the concealment law to a certain extent, but I cannot understand, nor see any justification for the use of excessive force. Good luck to you.

I agree with the Captain. To draw a weapon on a NON dangerous suspect is an "unreasonable seizure" or an unreasonable "show of force" under the 4th Amendment.


Exceptions may loom, of course, but the officers will have to explain thier actions, IMO.

Thanks for the responses thus far. Call me naive, but the store placed the canvas bags right at the front of the entrance so therefore I figured the placement would indicate they were okay with a consumer placing items in the bag as they continued his shopping. Furthermore, even if I had waited to place them in that bag after i checked out, technically wouldn't it still be considered concealment since I was still in the store? It's a no-win situation. Why do they have them in the store if it creates such a security nightmare? It's a store sanctioned bag. Anyway, my putting items in that bag wasn't their point of contention with me.

More so they were just confident I was the suspect that was in the store the night before due to my appearance and clothing, and I was detained and treated the way that I was based on that information alone.

From what they told me, they said the store personnel had told the guy not to come back so it couldn't have been an armed robbery situation if they were able to give the shoplifter a command like that. I imagine they caught him and then he took off running.

The officers just advised me that the culprit had taken hundreds of dollars worth of razor blades and was there the night before and I happened to look like him and was going down the same aisle. (I grabbed and purchased a men's hair care product in the same vicinity).

It's crazy they would treat me that way and use that kind of force based on a simple shoplifting suspicion - and a case of mistaken identity at that.

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Thanks for the responses thus far. Call me naive, but the store placed the canvas bags right at the front of the entrance so therefore I figured the placement would indicate they were okay with a consumer placing items in the bag as they continued his shopping

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And because the Grocery store places candy near exit you should take it? See where I am going? Stores have teams that discuss product placement for best sales

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Furthermore, even if I had waited to place them in that bag after i checked out, technically wouldn't it still be considered concealment since I was still in the store?

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Not if items are paid for

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It's a no-win situation. Why do they have them in the store if it creates such a security nightmare?

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Store security asks that all the time. There is no answer

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More so they were just confident I was the suspect that was in the store the night before due to my appearance and clothing, and I was detained and treated the way that I was based on that information alone

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Your assumption true or not

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Quoting panther10758

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And because the Grocery store places candy near exit you should take it? See where I am going? Stores have teams that discuss product placement for best sales

Not if items are paid for

Store security asks that all the time. There is no answer

Your assumption true or not

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No, it's not my assumption. That's exactly what the officers told me.

Quick question: Does anyone know why I can't edit my posts? I thought one could edit his own posts? I wanted to add more detail.

Oddly enough, I have an edit button available on this post, but not for my previous posts on this thread?

You have 30 minutes to edit a post after that its there for good

Stores have shopping carts and handbaskets for a reason. For you to place your unpaid merchandise in them until you get to the checkout and purchase them. Stores place seasonal merchandise on the sidewalks of their stores I think I may just put some in the trunk of my car.

WOW! That's a wild story...especially the part about Barney Fife brandishing his 'heater'. I often shop at a small grocery store near my house and almost always grab a disposable plastic bag and use it to hold the items I gather throughout the store. I've never thought anything of it and I don't think anyone else has, either.

Guess I'm lucky I'm not in the 'cooler'!:eek: