Page 1 of 5 1 2 3 ... LastLast
Results 1 to 10 of 47
  1. #1

    Default Falsely Accused of Shoplifting and Now at Risk of Being Evicted

    My question involves civil rights in the State of: colorado...

    Here we go: Yesterday I was shopping at best buy with my girlfriend. I selected a video game and began walking towards the check out line. As I rounded a corner I saw a police officer with his hand on my girlfriends wrist pulling her towards the front of the store... just as I asked what was going on another cop comes up behind me along with a man whom I assume was LP and grabs me pulling me into a detention room near the front of the store. As I sat with my girlfriend hand cuffed in the small room (with the door open so everyone could see) I repeatedly asked what was going on and why I was being detained. The officer that was "guarding" us while his partner and LP agent reviewed security footage refused to tell us why we were being detained. I managed to get my cell (I was cuffed from in front) and said I was calling my lawyer at which point the pig grabbed my phone and threw it at the wall shattering the screen.

    Finally the second officer and LP came in and accused us of acting suspiciously. The laptops on display have sensors on back of them so they cannot be stolen and while looking at the laptops I turned them over to see what color a few of them were, which LP interpreted as me trying to remove the sensors. The officer had a pair of beats headphones in his hand which my girlfriend had apparently been holding upon their arrival because I was buying them for her and they had a security wrap on them which my girlfriend was accused of tampering with despite the lack of any evidence of her doing so.

    Finally after the cops were unsuccessful in their attempt to find evidence of wrong doing on my part I was told to leave. They wouldn't release my girlfriend because the LP agent insisted that he saw her steal a usb drive (which she hadn't even touched). After searching her and interrogating her for an extended period of time they couldn't find the usb drive and handed her over to the cops who arrested her and took her to jail. Upon arrival she was thoroughly searched including being strip searched twice where her vagina was searched (traumatizing her). After being held for 8 hours and not having anything stolen on her I was able to bail her out for $487.00 and she was released without charges.

    I was just informed by my landlord whose husband happened to see me handcuffed that i might be asked to vacate because criminal activity is a violation of my lease even though I was falsely accused. I was wondering whether I would be able to sue best buy and/or the police department because of the financial and personal damages their false allegations caused me. I was thinking about going to the store and warning that i might sue unless something can be worked out... what might come of that? Does anyone have any experience on this type of situation? I was thinking that maybe the store would give me a gift card so I could buy something and sell it to at least make the money we lost to bail back. I swear I am not leaving anything out, neither one of us has ever stolen nor was there any intention to do so at all. I realize that there is no way to get the LP side of the story but obviously there was a mistake made. Do I have a case?

    - - - Updated - - -

    The civil rights comes in as far as being detained without being told why and the cop refusing to give me hid badge number...

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Falsely Accused of Shoplifting, Caused Financial Loss and Defamation

    You might have a claim against the store. Colorado law does allow a retailer to detain suspected shoplifters and hold them for police. But they need to have some evidence that supports the store’s contention of possible theft. It’s not clear what the LP people saw and what they thought was going on so it’s impossible just from your post to say if they got it right. The LP guy certainly should not have smashed your phone.

    You’d not have any claim against the police as you were not arrested. Note that the cop isn't required to give you his badge number and there isn't any good lawsuit in his failure to provide it to you. The police were just going by what the store told them, so your girlfriend might not have a claim against the police here, either.

    You and your girlfriend may consult a civil litigation attorney in Colorado about this and see if there is anything to pursue here.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Falsely Accused of Shoplifting and Now at Risk of Being Evicted

    I have never seen a laptop with a different colored bottom. Beats are one of the most commonly stolen items. Your own testimony would likely negate much of your claim. You could make issue about the phone however, I suspect the version will be you dropped it or threw it in anger. When a suspect is jailed, they are often searched to make sure they have nothing on them. It should have been done by a female officer and been no more invasive than a checkup at her gynecologists.

  4. #4

    Default Re: Falsely Accused of Shoplifting and Now at Risk of Being Evicted

    I understand that without talking with the LP agent it isn't possible to know for sure the true nature of the situation. But as far as the laptop went there were black, white, and grey and I simply turned it around. And I know that beats are often stolen, however by their own admission there was no issue as far as concealment or tampering. The LP that works there and that I just found out today through my lawyer who had called the cops was my girlfriends ex boyfriend. And I know that I can't sue the police for refusing to give a bade number, I was talking about the fact that they searched her beasts at the store when she requested a female officer to do so and instead the male officer while in front of other customers went ahead and felt her up. Where the offensive part came was when the cops and the LP agent all high fived and told her she had a "nice rack." When I took my phone out I pressed the video camera app which let's me record video and audio while making a phone call, the guy didn't know it was recording so I have it on video him grabbing my phone and throwing it and afterwards commenting on how he broke it and next time I try that he'll "**** me up in front of my girlfriend." i got my screen fixed today and have the recording of everything.

    - - - Updated - - -

    Correction: at first they claimed there was tampering and attempted to get us to admit to doing so... after we wouldn't budge they reviewed tape and while speaking to eachother said they can't find any proof of tampering or concealment, but since they couldn't find the USB that they claimed she had taken (and again this was recorded with audio without their knowledge) they said the up side to not finding anything was that they could get her at the station and check out her "p**sy." The LP then commented that they were lucky and jokingly asked if he could come. The whole thing was rediculous and as far as I know the LP did not follow proper procedures, especially when he threatened me with violence and broke my phones screen.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Falsely Accused of Shoplifting and Now at Risk of Being Evicted

    Quote Quoting fireinthestreets
    View Post
    I understand that without talking with the LP agent it isn't possible to know for sure the true nature of the situation. But as far as the laptop went there were black, white, and grey and I simply turned it around. And I know that beats are often stolen, however by their own admission there was no issue as far as concealment or tampering. The LP that works there and that I just found out today through my lawyer who had called the cops was my girlfriends ex boyfriend. And I know that I can't sue the police for refusing to give a bade number, I was talking about the fact that they searched her beasts at the store when she requested a female officer to do so and instead the male officer while in front of other customers went ahead and felt her up. Where the offensive part came was when the cops and the LP agent all high fived and told her she had a "nice rack." When I took my phone out I pressed the video camera app which let's me record video and audio while making a phone call, the guy didn't know it was recording so I have it on video him grabbing my phone and throwing it and afterwards commenting on how he broke it and next time I try that he'll "**** me up in front of my girlfriend." i got my screen fixed today and have the recording of everything.

    - - - Updated - - -

    Correction: at first they claimed there was tampering and attempted to get us to admit to doing so... after we wouldn't budge they reviewed tape and while speaking to eachother said they can't find any proof of tampering or concealment, but since they couldn't find the USB that they claimed she had taken (and again this was recorded with audio without their knowledge) they said the up side to not finding anything was that they could get her at the station and check out her "p**sy." The LP then commented that they were lucky and jokingly asked if he could come. The whole thing was rediculous and as far as I know the LP did not follow proper procedures, especially when he threatened me with violence and broke my phones screen.
    If that kind of stuff was said and you have it on audio...then I would definitely have your girlfriend talk to an attorney and let the attorney hear that audio. I find that truly repugnant.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Falsely Accused of Shoplifting and Now at Risk of Being Evicted

    Quote Quoting fireinthestreets
    View Post
    The officer that was "guarding" us while his partner and LP agent reviewed security footage refused to tell us why we were being detained. I managed to get my cell (I was cuffed from in front) and said I was calling my lawyer at which point the pig grabbed my phone and threw it at the wall shattering the screen.
    Quote Quoting fireinthestreets
    After being held for 8 hours and not having anything stolen on her I was able to bail her out for $487.00 and she was released without charges.
    If you're released without charges you don't have to post bail.
    Quote Quoting fireinthestreets
    Do I have a case?
    There will be a ton of surveillance footage. If you want to try to make a case, you will need to see what is on that footage. As your girlfriend is charged with shoplifting, her criminal defense lawyer should be able to get a copy.
    Quote Quoting fireinthestreets
    View Post
    And I know that beats are often stolen, however by their own admission there was no issue as far as concealment or tampering.
    If a security guard saw your girlfriend attempting to tamper with the security wrap, even if she failed that's still evidence of tampering.
    Quote Quoting fireinthestreets
    The LP that works there and that I just found out today through my lawyer....
    Why do you have a lawyer if you weren't charged with anything? How would the lawyer know about your girlfriend's past dating relationships?
    Quote Quoting fireinthestreets
    ...I was talking about the fact that they searched her beasts at the store when she requested a female officer to do so and instead the male officer ....
    You don't get to sue over something that didn't happen to you.
    Quote Quoting fireinthestreets
    Where the offensive part came was when the cops and the LP agent all high fived and told her she had a "nice rack."
    If that happened it will be on video. Get the video.
    Quote Quoting fireinthestreets
    When I took my phone out I pressed the video camera app which let's me record video and audio while making a phone call, the guy didn't know it was recording so I have it on video him grabbing my phone and throwing it and afterwards commenting on how he broke it and next time I try that he'll "**** me up in front of my girlfriend." i got my screen fixed today and have the recording of everything.... as far as I know the LP did not follow proper procedures, especially when he threatened me with violence and broke my phones screen.
    You previously said that your phone was broken by "the pig", which would be crude slang for a police officer. You are now stating that it was broken by a LP officer. If you are telling us that you have a recording that shows an LP grabbing your phone from your hand, throwing it across the room, then bragging about damaging the phone, and doing all of that in front of police officers then, as your lawyer has assuredly already told you, you have grounds to complain with both the store and the police agency.

  7. #7
    Join Date
    Jul 2014
    Posts
    441

    Default Re: Falsely Accused of Shoplifting and Now at Risk of Being Evicted

    Mr. Knowitall already covered the contradictions quite nicely.

    Your story has more holes than a piece of swiss cheese. I do not believe you.

    Oh, and as for taking the phone - that is an officer safety issue for BOTH police and LP. When you are being detained, we can't have you calling and texting at will. For all we know, you could be calling up your posse to come and spring you out of there.

    I have taken phones out of peoples hands, even forcefully, before when they couldn't follow my simple instructions to turn the phone off and stay off of it. But I'm sure you know all your rights (from that defense attorney's blog you found on the internet,) and insisted upon exercising them.

    As far as them PURPOSELY breaking/damaging your phone and threatening you and high fiving? I don't believe you.

  8. #8
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Falsely Accused of Shoplifting and Now at Risk of Being Evicted

    Quote Quoting DeputyDog
    View Post
    Mr. Knowitall already covered the contradictions quite nicely.

    Your story has more holes than a piece of swiss cheese. I do not believe you.

    Oh, and as for taking the phone - that is an officer safety issue for BOTH police and LP. When you are being detained, we can't have you calling and texting at will. For all we know, you could be calling up your posse to come and spring you out of there.

    I have taken phones out of peoples hands, even forcefully, before when they couldn't follow my simple instructions to turn the phone off and stay off of it. But I'm sure you know all your rights (from that defense attorney's blog you found on the internet,) and insisted upon exercising them.

    As far as them PURPOSELY breaking/damaging your phone and threatening you and high fiving? I don't believe you.
    He says he has all of that on audio...he could be lying but he either does or doesn't have that on audio...and if he really does, what they did is repugnant.

  9. #9

    Default Re: Falsely Accused of Shoplifting and Now at Risk of Being Evicted

    I'm sorry for the confusion I was in class while writing these posts and didn't relay some information properly.

    Bottom line, we had done nothing wrong. My lawyer has represented my girl and I in past traffic incidents and is a family friend. I am a first year law student and have no reason to lie. Denver police are notorious for such behavior. A couople months ago a man in denver county jail was raped by an officer and when he threatened to sue the officer paid the gangs to kill him, and he is now being charged by the feds.

    I don't care if you want to believe me, and I understand that such behavior is hard to believe, but DPD is notorious and is being investigated by the US justice dept.

    She had not tampered with anything, and we are in the process of getting the bail returned to me because she was in fact released without charges so bail shouldn't have been required.

    Sorry for the vague statements I should have proof read my original posts. Any questions or comments on any inconsistencies ask me because I have nothing to hide and no reason to be untruthful.

    The lawyer I just met with said there is a definite case, and I have all of the vulgarity, threats, and even the bragging and high fives stored on my phone right now.

    - - - Updated - - -

    You're right, I didn't do a good job at being clear. I admit I was frustrated for being accused of something that I was innocent of and being verbally abused in the process, so using the term pig was inappropriate. The officer took my phone and handed it to the LP who tossed it against the wall. And I was calling my lawyer, he could have asked me to wait if that wasn't okay but he had no right to throw it. I went back and read my original post and apologize for the inconsistencies and don't blame you for being skeptical.

    Just so I can keep it simple and consistent what questions do you have for me?

    My issue isn't so much that I was the victim of a bad stop, but that i was mocked and threatened in the process. When I called them on it they said good luck proving that they were being inappropriate.. however it is right in front of me on my phone I wish I could upload the file right now and then there would be no issues of disbelief.

    Sorry for the vague story, that was my fault. But i can say with complete honesty that i am describing a situation that did in fact happen exactly in this way.

    - - - Updated - - -

    I am an honest person, I may not have written the story as clearly as I should have however I have nothing to gain by lying. It's simple either I do or don't have such behavior documented.

    And I do in fact have it right in front of me, and my lawyer has a copy as well. The biggest issue (which is fully recorded) was the male harassment of my girlfriend which had her shaking in fear (she was raped as a kid) and having four grown men surrounding her while she was in restraints commenting on her body and"searching" her beasts had her in sheer panic, and as someone who should be able to protect her it was heartbreaking. Even if she had attempted to shoplift this would still be inappropriate. Locals all know that DPD is a very crooked police department.

    I did 3 tours of combat in Afghanistan, I pride myself on being the best person I can be, including my honesty, and I don't think this was a great way to be treated as a veteran who gave his left leg for my country. (I know this is irrelevant to criminal activity but I am not a bad person and am not lying about anything).

  10. #10
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Falsely Accused of Shoplifting and Now at Risk of Being Evicted

    Quote Quoting fireinthestreets
    View Post
    The lawyer I just met with said there is a definite case, and I have all of the vulgarity, threats, and even the bragging and high fives stored on my phone right now.
    You should be working with your lawyer.
    Quote Quoting fireinthestreets
    The officer took my phone and handed it to the LP who tossed it against the wall.
    Then you have a basis to complain to the store about the LP's breaking your phone, and to the police agency for the officer's doing nothing after the LP officer broke your phone. You can discuss your next steps with your lawyer.
    Quote Quoting fireinthestreets
    Just so I can keep it simple and consistent what questions do you have for me?
    Here's one: Why are you discussing your case in public if you have a lawyer?
    Quote Quoting fireinthestreets
    The biggest issue (which is fully recorded) was the male harassment of my girlfriend which had her shaking in fear (she was raped as a kid) and having four grown men surrounding her while she was in restraints commenting on her body and"searching" her beasts had her in sheer panic, and as someone who should be able to protect her it was heartbreaking.
    That's something for your girlfriend to discuss with her lawyer.

    1. Sponsored Links
       

Page 1 of 5 1 2 3 ... LastLast

Similar Threads

  1. Retail Fraud / Shoplifting: Falsely Accused of Shoplifting Jewelry
    By Katyjurado in forum Criminal Charges
    Replies: 4
    Last Post: 01-02-2012, 06:58 AM
  2. Retail Fraud / Shoplifting: Falsely Accused of Shoplifting by Concealment
    By tommygunn in forum Criminal Charges
    Replies: 4
    Last Post: 10-10-2011, 07:02 AM
  3. Retail Fraud / Shoplifting: Falsely Accused of Shoplifting at a Store
    By terriblevision in forum Criminal Charges
    Replies: 1
    Last Post: 05-16-2011, 04:53 AM
  4. Retail Fraud / Shoplifting: Falsely Accused of Shoplifting Merchandise
    By david1961 in forum Criminal Charges
    Replies: 5
    Last Post: 10-07-2009, 08:18 PM
  5. Embezzlement: Falsely Accused of Stealing From My Employer
    By AmericanZero8503 in forum Criminal Charges
    Replies: 4
    Last Post: 08-08-2008, 07:25 AM
 
 
Sponsored Links

Legal Help, Information and Resources