Accused of Shoplifting an Item That Was Already in the Cart, Unnoticed

[joannawitt]

My question involves criminal law for the state of: Illinois

The other day I was shopping at a popular retail store in my area. I went through check out when I was done and headed towards the exit. Before I even got passed the first set of doors I was approached by a young man who informed me he was store security. I really didn't think much of it and asked him what I could do for him. He proceeded to informed me that I was stop because I was shoplifting then went into my cart and pulled out a bottle of perfume. Mind you, I only had 2 small bags and the perfume was not in the bags, it was in the corner of the cart and I simply didn't see it. to make matters worse I didn't even put it in the cart. I grab the cart thinking it was abandoned and empty. Needless to say the gentleman asked me to follow him to the back, no matter what I said he kept repeating that he wasn't calling the police on me because the store was in a program called Crime Accountability Program.

I'm a 62 year old, with a history of bad anxiety. When we reached the back room, it was a small very warm room. My anxiety was escalating, I was made to watch videos and all I really wanted was to run so I don't even know what I was watching. I watched what he made me watch and signed papers that he put in front of me without thinking what the consequences were. I left in a hurry with tears running down my face.

When I got home I took my medication, when my anxiety level was at a bearable level. I starting thinking about what I just went through and the papers I had signed. I then realized that signing those papers were probably the worse thing I could have done. Then anger set in and I started wondering, which is my question.

The security man that stopped me stopped me before I was by the exit doors. the perfum was not in my purse or one of the bags in my cart. It was in the corner of the cart, I could'nt see it because my purse was sitting in that part of the cart that people seat their children in. How does this man know that I wasn't going to grab my 2 bags and leave the cart in the store? My point is, is it shoplifting if your not out the store yet and the item is just sitting in the cart?

[Mr. Knowitall]

If you signed documents at the store, confessing to shoplifting, then you are unlikely to now be able to convince the store that it was a mistake.

It would be odd for the store's LP to be monitoring a cart so closely that it saw perfume in the corner of the cart where you, using the cart and checking items out from the cart, did not see it. If you did not put the item in the cart, but found an 'abandoned' cart in the store with the item already in it, their theory is likely that you have an accomplice who put the item in the cart, then left the cart for you to take.

The problem with any given explanation of innocence is that the store's LPs will have heard that same story, many times, by people who are using it as an attempt to deny actual shoplifting. It leaves them cynical.

[joannawitt]

I understand your response, and I did sign papers because I was stupid and upset.
But maybe I wasn't clear enough, I only had 3 small items and I put them in the child carrier section of the cart next to my purse. I had nothing in the main part of the cart so had no reason to look into the cart.
And again I'm a bit baffled how it can be considered shoplifting if I wasn't out of the store yet. In this particular store you can leave your cart on the side of the exit doors, I hadn't reached the exit doors yet how does this security person know what my intentions were? I understand if I was out the store how it would have looked to store security but I was slowly heading towards the exit reading the coupons I received at checkout. I had not reached the exit doors yet for him to know if I was going to take my 2 bags and leave the cart in the store which is what I do when I don't have much to carry.
Now I have another question, since I signed those papers is there anything I can do to fight this or is it too late?

[asa_jim]

Because the scene was captures on video, the loss prevention officer presumably believes he saw you put the item in the basket and then conceal it. If the video does not show you picking up the item and placing it in the cart then the proper way to deal with this would have been to decline to sign anything and ask that it be referred to the police for further investigation. Had you been charged with petit theft, the video showing the item already in the cart would have been exculpatory evidence.

At this point, you could ask the store to preserve the video or hire an attorney to make that request for you. You don't have a right to the video since there is no criminal case, but if they refust to preserve it and provide a copy to your attorney it would be difficult for them to enforce whatever you signed. However, this is likely to cost you far more than the civil demand they will undoubtedly make of you. Yes, you can fight it, but to what end? You have no criminal charge and fighting it will cost you more than if you don't.

As far as where you were located, you do not have to physically exit the store. Once you remove merchandise beyond all points where payment could be made, that is usually enough. They don't have to let you go through the door and start running so that you might theoretically get away with their property.

[joannawitt]

thank you. I'm very ignorant when it comes to legal matters. However, I've learned a lot from this experience. I will never sign papers again.