My question involves criminal law for the state of: Florida.
I worked for Wal-Mart.
I am the first and only employee at that store...probably the whole USA...to have ever been accused of theft by the way of throwing empty water bottles into the trash can, out of habit, without paying for the. It was the same trash can that nearly 100 bottles of water were thrown in that I DID paid for. I accidentally forget to pay for a few bottles of water of the weeks. The Asset Protection team labeled it theft.
Management does not mind if an employee in Garden Center gets a bottle of water or a snack and waits to pay until break, lunch, or whenever another cashier is around. We're not allowed to ring up our own items. Almost all of my water, candy bars, chips, and energy drinks were consumed at my register and then paid for on my break or whenever another cashier was around. Same as everybody else. Most important - every cashier in garden center had witnessed me regularly pay for empty snack wrappers, empty bottles of water, and empty energy drinks. EVERY CASHIER. Nothing to hide. Acceptable.
The problem is that I truly forgot to pay for them, so I am trying to get the case dismissed.
I was told that because there is NO VIDEO of me actually stealing anything, never anything put in my pocket, and never on my person - that there was no proof or probable cause to arrest. The Asset Protection at wal-mart is basically saying that they THINK that I pretended to forget the items and throw them in the same trash can my PAID bottles of water went in as some type of sick and twisted weird way of stealing water while knowing that I am on Camera.
Gut feelings, opinions, ect are not probable cause to arrest. I was told they have to actually witness me steal an item to have a probably cause to arrest OR accuse me of theft.
Here is my question.
IS IT.....or IS IT NOT...probable cause to arrest? An employee buys nearly 100 bottles of water over the months and consumes them at his register and pays for them on his break, lunch, and when another cashier was around in the Garden Center of Wal-Mart...then, on accident, forgets a few bottles of water and then throws them in the same trash nearly 100 PAID bottles of water went in OUT OF HABIT. The ap views the video, says they think I'm stealing. Video shows no proof of stealing, only proof that I consumed water at my register and threw the water in the trash without paying.
Just making sure there is no probable cause to arrest. No probable cause to arrest, right?

