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  1. #1
    Join Date
    Apr 2011
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    27

    Default Loss Prevention Report Doesn't Mention Physically Restraining a Suspected Shoplifter

    My question involves criminal law for the state of: Rhode Island

    ok so quick version. friend wants ride to store to buy meats on food stamp card then go sell $0.50 on the dollar. we goto store i help him find cuts of meat and put in the carriage. we walk over to produce section and while i am talking to employee at deli counter my friend walks to front of the store and out doors where Loss Prevention grabs him. so Loss Prevention comes to me and says they want me to come to the LP room so whole way to room i telling them i don't want to go in any room telling them i dont have anything and lifting my shirt to show them. so we get near the door for LP room and i take off running someone tried to kick my foot i run along inside building past the doors staying inside the building then i stop turn around and put my hands up telling them to stop im not fighting where like 4 or 5 dudes grab me and throw me up against the wall and stuff a minute or two later police officer #1 shows up and pulls the security off me and cuffs me.

    so 3 months later here we are i get my discovery package for court

    officer #1 who pulled loss prevention off me don't have a report in my discovery package and no where in it mentions about loss prevention chasing me down and the Loss Prevention guy who wrote a police report didn't mention it either(wondering if police told him not to) he said they approached me i became very aggressive then officer #1 arrived and detained me

    if they not covering something up then why wouldn't they mention anything about loss prevention chasing me down and not have officer #1 report in my paper work and why would the police help them cover it up if they was wrong. i don't know what to think of this but in morning when i goto court going to ask my lawyer to try and get the police report from the police

    i dunno.... what do you guys think of this situation based on what i have said being all factual

    thank you for your time

  2. #2
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Was Loss Prevention Wrong and Police Helping Them Cover It Up

    Whether or not loss prevention was wrong in detaining you depends on what the police report alleges you did that caused them to detain you in the first place.

    What does it say you did?

    As a side note, the courts generally interpret fleeing as consciousness of guilt. Perhaps it is in your better interest that they failed to include that you fled and had to be restrained.

  3. #3
    Join Date
    Sep 2010
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    19,901

    Default Re: Was Loss Prevention Wrong and Police Helping Them Cover It Up

    You understand that discovery requests as you made only applies to documents that exist. If the officer didn't prepare a report at the time, he's not required to generate one now. If they were a two-man patrol, likely only one of them prepared a report. I have no clue why an LP guy would write a "police report." He's not the police. Anyhow, LP is generally allowed to detain suspected shoplifters, not sure why you're getting bent over the report. The person who detained you admitted to the detention, there's nothing the cops are going to add. They didn't witness anything other than that you were in custody. Nothing they can say about the thing is admissible in court (except perhaps for your own incriminating statements).

    If you were charged with something you better get your butt to the lawyer. I'd stop admitting publicly to your participation in federal felony crimes.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Loss Prevention Report Doesn't Mention Physically Restraining a Suspected Shoplif

    Quote Quoting Rhode Island Statutes, Sec. 11-41-21(b)
    Any merchant who observes any person concealing or attempting to conceal merchandise on his person or amongst his or her belongings or upon the person or amongst the belongings of another, transporting merchandise beyond the area within the retail mercantile establishment where payment for it is to be made without making payment for it, removing or altering price tags on merchandise, or switching the containers of merchandise may stop the person. Immediately upon stopping the person, the merchant shall identify himself or herself and state his or her reason for stopping the person. If after his or her initial confrontation with the person under suspicion, the merchant has reasonable grounds to believe that at the time stopped the person was committing or attempting to commit the crime of shoplifting on the premises, the merchant may detain the person for a reasonable time sufficient to summon a police officer to the premises. In no case shall the detention be for a period exceeding one hour. Detention must be accomplished in a reasonable manner without unreasonable restraint or excessive force, and may take place only on the premises of the retail mercantile establishment where the alleged shoplifting occurred. Any person so stopped by a merchant pursuant to this section shall promptly identify himself or herself by name and address. Once placed under detention, no other information shall be required of the person and no written and/or signed statement, except as provided in subsection (c) of this section, shall be elicited from the person until a police officer has taken him or her into custody. The merchant may, however, examine for the purposes of ascertaining ownership any merchandise which is in plain view which the merchant has reasonable grounds to believe was unlawfully taken or otherwise tampered with in violation of § 11-41-20.
    It sounds like the merchant acted appropriately, even if it was your friend who was attempting to remove its unpurchased merchandise from the store while you waited inside. From the perspective of the store, odds are your actions are being interpreted as trying to distract store employees while your friend attempted to sneak out with the merchandise. You are free to try to convince the prosecutor, judge and jury that you had no knowledge of your friend's actions and were in no way involved in the theft.
    Quote Quoting lostowl
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    officer #1 who pulled loss prevention off me don't have a report in my discovery package and no where in it mentions about loss prevention chasing me down and the Loss Prevention guy who wrote a police report didn't mention it either(wondering if police told him not to) he said they approached me i became very aggressive then officer #1 arrived and detained me
    As you're not charged with assaulting anybody, and your shoplifting charge has not been escalated to a more serious crime based on your resistance, the amount of detail included within the reports in relation to your detention is irrelevant to the charge against you. It's not necessary to include irrelevant information in a report. Leaving irrelevant information out of a report is not a "cover-up".

  5. #5
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Loss Prevention Report Doesn't Mention Physically Restraining a Suspected Shoplif

    If you had run on me, I would not have been as nice as they were.

  6. #6
    Join Date
    Apr 2011
    Posts
    27

    Default Re: Loss Prevention Report Doesn't Mention Physically Restraining a Suspected Shoplif

    the LP guys said the police officer detained me

    3 policemen showed 2 of them wrote reports the one that pulled LP off me didn't have a report in my file

    i had nothing on me and was not attemping to leave the store when they approached me

    i showed them i had nothing on me. i never put a hand on them i ran past the door staying inside the store turning around and putting my hands up when they tackled me

    if everything was legit then why no mention of them touching me and the LP guys say police detained me and the officer that pulled them off me magically don't have a report in my evidence when they made first contact with me cuffed me and mirandized me

    also inconsistencies in the files like one place they say i passed all points of sales and tried to exit but another saying i was approached at the deli counter

    i understand most of you guys all gun ho for the LPcan they really grab you from middle of the store with nothing on you and man handle you when you never put a hand on them

    also is it normal for the first police officer on the scene that cuffs you and all to not put a report in your court paper?

    i thought all responding officer was suposed to file reports so they could later testify in court irrreguadless if 1 or 100 police show up

    thank you for your time

  7. #7
    Join Date
    Jul 2010
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    8,006

    Default Re: Loss Prevention Report Doesn't Mention Physically Restraining a Suspected Shoplif

    Quote Quoting lostowl
    View Post
    also inconsistencies in the files like one place they say i passed all points of sales and tried to exit but another saying i was approached at the deli counter
    We can't read the reports. As you did run for the exit, you did at one point pass all points of sale.

    Quote Quoting lostowl
    View Post
    i understand most of you guys all gun ho for the LPcan they really grab you from middle of the store with nothing on you and man handle you when you never put a hand on them
    It is not the norm but yes, stops can be made while a suspect is still in the store. Yes, they are allowed to use force to get you to comply.

    Quote Quoting lostowl
    View Post
    also is it normal for the first police officer on the scene that cuffs you and all to not put a report in your court paper?
    It is not unheard of. Not every officer is required to write a report and it is not unusual for a different officer to be the one writing the report, especially if they are junior to others.

    Quote Quoting lostowl
    View Post
    i thought all responding officer was suposed to file reports so they could later testify in court irrreguadless if 1 or 100 police show up
    You thought wrong. In some instances, all officers on scene at an incident may be asked to submit statements. Garden variety shoplifting calls are not one of those instances.

  8. #8
    Join Date
    Apr 2006
    Posts
    641

    Default Re: Loss Prevention Report Doesn't Mention Physically Restraining a Suspected Shoplif

    Do everyone a favor and take a deal, plead guilty and move on. If you go to trial, you will be convicted.

    Do you have a criminal record? Any prior LE contact? Any probation that may be violated?

    Please be honest. We are here to help.

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