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  1. #1
    Join Date
    Jun 2014
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    16

    Default Can a Store Detain a Minor They Catch Stealing

    My question involves civil rights in the State of Rhode Island: So recently I was detained in Walmart for shop lifting before I had even left the store, they had brought me into the loss prevention room. The loss prevention security guy demanded me to, "Throw his shit on the ground, all of it." I cooperated although I wasn't really fond of his attitude. He had asked for my ID I had told him I didn't have one and he told me it was going to get worse for me and I'm already in a bad spot. I had told him I am a minor that I do not need an ID, and he rolled his eyes and had said I should've had one so I'm just making it worse on myself. He decided to charge me when the cops had came in, because I was a familiar face in that store. He asked my name, address, ssn, phone number, and had me sign the papers, and as a minor until now I didn't know my rights and I had signed them and the cops did not tell me to wait until my parents were there for me to answer questions and sign anything, they just let me be. I gave the cops my personal information, and they told me to call my father after that long procedure so he can pick me up, the officers did not speak to my father himself, and my father thought I was just getting picked up and didn't know I was being detained for shoplifting. I would like to know what was done wrong and if I can sue both Walmart, and the police department for not protecting me as a minor and for not following protocols and making me sign things and not notifying my parents until after they have interrogated me and made me sign paper work?

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

    Default Re: Minor - Shoplifting

    No. You can't.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Minor - Shoplifting

    I would like to know what was done wrong
    You shoplifted.

    Any other ridiculous questions?

  4. #4
    Join Date
    Jun 2014
    Posts
    16

    Default Re: Minor - Shoplifting

    Quote Quoting LawResearcherMissy
    View Post
    You shoplifted.

    Any other ridiculous questions?
    I understand I did the crime, I'll take my consequences. But they had not taken my rights serious as a minor, that was what I wanted to know. I did the crime under peer pressure, and yes I still did it, but I didn't even leave the store, I thought it was considered shop lifting once you left the store.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Minor - Shoplifting

    So, at least you became more educated regarding shoplifting. Most, if not all states have written their laws such that concealment of merchandise without ever leaving the store is adequate to charge shoplifting. I'm not going to chase the laws in your state but I presume it is that way in your state since you didn't leave the store and you are being charged with shoplifting



    you might want to clue your father in to your issue since you will need a parent to go to court with you.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Minor - Shoplifting

    Then you thought wrong. You don't have to leave the store before it's considered stealing. AND they're not required to have your parents there AND being a minor doesn't give you any free passes.

  7. #7
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Minor - Shoplifting

    But they had not taken my rights serious as a minor
    And what rights do you think those might be? LP doesn't have to wait for your parents to show up to question you. The cops don't either, until you're placed under arrest. Investigative interrogation, it's called, and it's 100% legal.

    I thought it was considered shop lifting once you left the store.
    Nope. Once you conceal the item, you have stolen it in the eyes of the law, even if you put it back later.

  8. #8

    Default Re: Minor - Shoplifting

    From the Rhode Island statutes....Read this....

    (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.

    (c) A merchant may request a person detained for shoplifting to sign a statement waiving his or her right to bring a civil action arising from the detention in return for a signed statement from the merchant waiving the right to bring criminal charges based upon the alleged shoplifting. Any statement shall state in writing in large print at the top of the form that the person detained has a right to remain silent and a right not to make or sign any statement and a right to call an attorney.

    (2) It shall be unlawful to circulate or cause to be circulated any signed statement or the name of any person signing the statement to a person or persons not employed by the retail mercantile establishment which obtained the statement, other than in defense of a legal action arising from the detention. Any person circulating or causing to be circulated this information shall be civilly liable to the person who signed the statement.

    (d) For the purposes of this section, “reasonable grounds” includes knowledge that a person has concealed unpurchased merchandise of the establishment while on the premises, or has altered or removed identifying labels on merchandise while on the premises, or is leaving the premises with unpurchased concealed or altered merchandise in his or her possession.

    (e) In detaining a person whom the merchant has reasonable grounds to believe is committing the crime of shoplifting, the merchant may use a reasonable amount of non-deadly force when and only when that force is necessary to protect himself or herself, or to prevent the escape of the person being detained or the loss of his or her property.

    (f) In any civil action by a person detained under this section against the merchant so detaining him or her arising out of the detention, evidence that the defendant had reasonable grounds as defined in subsection (d) of this section to believe that the plaintiff was at the time in question committing or attempting to commit the crime of shoplifting as defined in § 11-41-20 shall create a rebuttable presumption that the plaintiff was so committing or attempting to commit the crime.


    What do you think they did wrong? Do you think you have some "rights" that were violated.

  9. #9
    Join Date
    Jun 2014
    Posts
    16

    Default Re: Minor - Shoplifting

    Quote Quoting Security Consultant
    View Post
    (c) A merchant may request a person detained for shoplifting to sign a statement waiving his or her right to bring a civil action arising from the detention in return for a signed statement from the merchant waiving the right to bring criminal charges based upon the alleged shoplifting. Any statement shall state in writing in large print at the top of the form that the person detained has a right to remain silent and a right not to make or sign any statement and a right to call an attorney.

    What do you think they did wrong? Do you think you have some "rights" that were violated.
    I was not told by the officer, nor the loss prevention that I had an option to wait until my parent or lawyer was present. They bombarded me with questions, and didn't even contact my parents until after they made me answer questions and sign papers. I thought by law, a paper signed not in the presence of a parent was null? I did my research in the law to protect minors, and it said forcefully making a minor sign something without a parent present made the paper invalid. My parents are researching also.

  10. #10
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Minor - Shoplifting

    I was not told by the officer, nor the loss prevention that I had an option to wait until my parent or lawyer was present.
    They don't have to tell you that. One more time, LP does not have to wait AT ALL, and the cops only have to wait if you've been arrested.

    I thought by law, a paper signed not in the presence of a parent was null?
    You thought incorrectly.

    My parents are researching also.
    ORLY? Your parents are dumb.

    If you were my kid, I would have blistered your ass and made quite certain that you understood that you'd be suffering the consequences of your actions for a good long while, to drill it into your thick skull that theft is a crime.

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