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  1. #1

    Default Disputing the Significance of Evidence

    My question involves criminal law for the state of: Tennessee - In a case of theft of property, state believes that clothing found with merchant stickers(not serial numbers) means defenite proof that items were stolen from that merchant. Thrift stores often sell clothing that still has merchant stickers(tags) still on the clothing. If you went and purchased clothing from a thrift store with merchant tags still attached and retained the receipt for said purchase, how can that receipt of the purchase and the clothing with merchant tags still attached be entered into evidence to dispute States belief, without an expert witness? Thanks.

  2. #2
    Join Date
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    Default Re: Disputing the Significance of Evidence

    You may attempt to obtain evidence from the store, or subpoena witnesses from the store, in an attempt to establish that they had merchandise for sale that had the stickers from the merchant, and that the items listed on you receipts are the same items that had those stickers. You can try to get general testimony that they have at some point in time had merchandise with the merchant's stickers, but that will be less helpful. We have no way of telling you what the thrift store or its employees will be able to provide in terms of documents or evidence.

    You need to be working with a lawyer.

  3. #3

    Default Re: Disputing the Significance of Evidence

    I went to a thrift store today and found tags from a department store with a upc number on it, and asked the manager what was typical for their store and thrift stores in general and she said that when they get clothing in their store that has tags on it, they keep them on because it helps them to sell item because it is most likely new. She said it is a typical practice of thrift stores in general. I beleive if a purchase was made at a local thrift store to the court that this case was in, and the store manager was called as a witness, that could dispel the idea that clothing with tags have to come from that merchant. Not to mention ebay, amazon, local classified ads also.

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Disputing the Significance of Evidence

    most merchants I know of that donate new merchandise have some way of indicating it was donated to a thrift store. If the store in question does something to their merchandise and the merchandise you have does not have that "marker", it your tag argument becomes meaningless.

  5. #5
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    Default Re: Disputing the Significance of Evidence

    If it is not the item(s) you stole, I do not see the argument going far for other items..

  6. #6
    Join Date
    Jul 2010
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    7,777

    Default Re: Disputing the Significance of Evidence

    Another issue is how thrift stores identify things on their receipts. I have never been to one that listed "Target shirt, brand X, cost y."

    They normally just say "Shirt - qty".

    I've never seen one that used the source stores skus either so there is pretty much nothing on a receipt from thrift stores I am aware of that would prove that a particular item was bought on a particular trip to a particular store.

  7. #7

    Default Re: Disputing the Significance of Evidence

    I would be just generally trying to show that thrift stores leave department store tags on their merchandise when they recieve it and then put it on their racks for sale, showing that a piece of clothing with say a kohls tag on it with a universal product code pointing to a manufacturer and not a merchant, could be attained at somewhere besides a Kohls. Say for example a thrift store, thereby disputed the states belief that it was definitrly kohls for example property. The only way that I am aware of the gives a piece of merchandise a direct tracking to a store is thru a serial number. Serial number will give date, time and location of purchase. UPC codes only point to a manufacturer and some time a specific maerchant, but never gives purchase information to my knowledge. Thrift stores I am being told, recieve alot of donated clothing from individuals, that still have tags on them. They prefer it that way and lrave them on so the can show that they are new and can get a higher price for them.

  8. #8
    Join Date
    Jul 2010
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    Default Re: Disputing the Significance of Evidence

    As you have been told repeatedly in your other thread, you need an attorney. You are way out of your depth here.

  9. #9
    Join Date
    Mar 2013
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    17,475

    Default Re: Disputing the Significance of Evidence

    Agree. You are not going to get anything resolved here.

  10. #10

    Default Re: Disputing the Significance of Evidence

    Just trying to get some information. I am currently in the grand jury phase(that court date is 30 days away), I had a paid attorney in general sessions court, but he requires another retainer to work in the criminal court(wants 6 times the amount he got for general sessions court) and I cannot ask for a court appointed attorney until I go to criminal court to be arraigned if the grand jury indicts, so I am without an attorney and trying to see what legwork I might be able to do, because if I do wind up with a court appointed attorney, the reputation is that they will put little effort outside the courtroom(collecting evidence). The rep. is they are there to mostly corral a plea bargain in most cases. So meanwhile, I am representing myself, trying to do some legwork. Thanks.

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