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  1. #1
    Join Date
    Jul 2012
    Posts
    11

    Default Civil Liability and Ban From Store After Accidental Shoplifting

    My question involves criminal law for the state of: AZ

    I upset and confused over my 20 year old daughter being accused off shoplifting.

    Myself and 2 daughters shopped at Winco, while there one daughter left us and gathered some school supplies for her niece & nephew (my grandchildren). She didn't have the cart and placed an eraser, crayons and scissors in 2 mesh (see through) pencil pouches. Returned to us, showed us what she'd gotten and placed the items in the cart. After shopping for appx 40 more minutes we checked out. The pencil pouches were placed on the conveyor with the other $150+ groceries/items and rung up. I was talking to the cashier (I paid), my 2 daughters were bagging the groceries. No one noticed that the cashier had not rung up the items inside the pencil pouches. We were stopped at the door and my daughter was wisked away. This was a complete oversight. It had been our intention to pay for the items and expectation that they would be rung up. We were not given that option. How can my daughter be accused of shoplifting when nothing was ever concealed?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Unintentional Shoplifting - Civil Liablity/Banned from Store

    Because the cashier, the store manager, the law enforcement officers, and the court, have all heard this story of an oversight before. Many, many, many times before. And in all the other cases, the person was shoplifting and only used the "oversight" excuse after they were caught. Maybe your daughter is the sole exception, maybe not, but the fact of the matter is, it's been done before.

    Please explain why she did not take the elementary step of removing the items from the pouches before placing the pouches on the conveyor? That would have been the normal thing to do and would have prevented the (quite reasonable under the circumstances) accusation.

  3. #3
    Join Date
    Jul 2012
    Posts
    11

    Default Re: Unintentional Shoplifting - Civil Liablity/Banned from Store

    I unloaded the cart. It was my oversight.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Unintentional Shoplifting - Civil Liablity/Banned from Store

    Quote Quoting Andi
    View Post
    I unloaded the cart. It was my oversight.
    She should have made sure the items were removed and paid for or not put them into the pouches. It was not your fault.

  5. #5
    Join Date
    Jul 2012
    Location
    East Coast
    Posts
    99

    Default Re: Unintentional Shoplifting - Civil Liablity/Banned from Store

    Quote Quoting Andi
    View Post
    I unloaded the cart. It was my oversight.
    The problem is: *You* may know that, and ....*You* may know that but....*They* don't know that! And they hear that stuff all day long! It gets old, after a while...and they just don't want to hear it anymore. They got (what they believe to be)their culprit and that's that. Unfair but: it is reality. They won't go by what you say (most of the time)but by what they *see*. Your daughter is busted because of what they saw...

  6. #6
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default Re: Unintentional Shoplifting - Civil Liablity/Banned from Store

    The majority of the time store management/security maintains interest in someone is that there's exhibited behaviors that keep them interested, and such is this case here it would appear. How "brave" of mom to claim it was all her "oversight".

    Did anyone at any point tell your daughter to 'Tell it to the judge'? Jus' wonderin'.

  7. #7
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Unintentional Shoplifting - Civil Liablity/Banned from Store

    What the judge, etc., will not believe is this:

    The store has these things called Shopping Carts. Your hands get full, you get one, then finish your shopping, placing everything in the cart.

    Technically....when she placed the items into another item....she was right then guilty of concealment. Then when the items were not removed and not paid for.....it became Theft.

  8. #8
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Civil Liability and Ban From Store After Accidental Shoplifting

    Quote Quoting Andi
    View Post
    How can my daughter be accused of shoplifting when nothing was ever concealed?
    OP, you know why .. you did not pay for something. Its an unfortunate set of circumstances but I think your question should be: why did they not just let us pay and go on our way? But that's up to them.

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