My question involves police conduct in the State of: New York
Hello forum thanks for reading.
I was arrested for shoplifting last year in walmart. I was picked up on a warrant and fought it in court for some time. I plead guilty and paid fines. I continued to shop at walmart. although I knew it was normal to be issued a stay away, I never was.
Last month, after a couple hours of a big grocery shop and sitting on a bench for approx. 15 min. in front of the self check out after I finished, I was approached by LP and asked "Bryce?". I confirmed and was told that I had to leave immediately. I asked why and was told that I wasn't supposed to be in here. I told the LP guy I was never told that and that it wasn't true, etc. He told me his Boss told him that, that he hadn't worked here very long. I told him that i had business at customer service and had to use the bathroom. As I turn, I see the Store Ass. Manager approaching with a State Trooper.
Before I could say a word the trooper told me to turn around and put my hands behind my back. I started to speak and he escalated his demand with a louder order. I was cuffed with my hands behind my back in the middle of a saturday afternoon in walmart. I was asked if i had paid for everything in the cart which I had. the receipt was snatched from my hand as i was being cuffed. I did not consent to this or to being detained.
I was brought back to the LP office. When we entered the Trooper told me that he was going to "search me for weapons". he went threw all my pockets and pulled out everything. he found a portable power supply and a chromecast. he immediately said that i stole it. I said i did not. they sent the LP personal into the store to find the alleged boxes and packaging. there was none because the stuff wasnt stolen. The Trooper then told me "at this point your being detained". after some investigation, the trooper told walmart "damn, he was right, he wasn't trespassed ( he called the trooper from the arrest the prior year to confirm. he was told that I was not trespassed). I then signed a stay out paper from walmart, brought to the barracks charged with petty larceny and released.
So there are several issue here I would like to hear thoughts on. first, the detainment by walmart and trooper for allegedly trespassing. Walmart had no idea whether i was ever convicted of shoplifting, or whether they actually had given me a stay away before they called the police. they told me to leave the store but it was only because the police were waiting for me. The trooper never gave me a chance to explain or state my case and immediately detained me. he went well beyond a terry frisk, conducting an actual search of me when i was clearly already in custody. Now, there may be a problem with an unlawful detainment as the officer was acting under reasonable cause to believe i had committed a crime.
do I have a play here for unlawful detainment and search?
Thanks for your input and any questions please ask,
Bryce

