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  1. #1
    Join Date
    Nov 2007
    Posts
    2

    Post Detained for Suspected Retail Theft in Utah

    first to give you my criminal background information: I was involved in a retail theft incident with Macey's in December of 2006, plead guilty (didn't know any better at this point in time) was charged 300.00 by the court, 675.00 from macys (to help cover loss prevention, not the actual amount of the items stolen), and put on a plea of obeyence for one year.

    I made an unwise decision earlier today at Khols. I browesed the store, picked up items from the mens section and womans section, walked into and unattended dressing room which was empty when i walked in. I removed the tags on the clothes i wanted to walk out with and shoved them in the pants i had planned to leave there (stupid move). took the other clothes off their hangers, put most of them on under my coat and threw about three sweaters in my bag and left the rest of the clothes and the empty hangers in the dressing room.

    I walked out of the dressing room walked up to one of the employees looked her in the eyes and asked her where i would go to put a dress on hold (was holding it) then i left the dress on one of the racks like i had changed my mind and left the building.

    Followed by one woman wearing a maceys name tag holding a two way radio and one HUGE polenesian man in normal street clothes. he said, "we are going to need you to step back into the store"

    I quickly sized up the situation, thought over my rights and said, "no, i am going to be late for work, i have to go"

    He briskly followed me to my car, by then had my lisence plate number. He said "we can either do this the easy way, or the hard way, if you leave now i will get you for buglary. If you stay and come inside, we can take care of this real quick and we can just give you a tresspass"

    I knew they would hit me with as much as they could at that point because of the urgency he had in his voice. I felt my only option was to flee the parking lot to rid the evidence, hopefully the case would not have enough evidence since the actuall items concealed in my bag were never seen by eye witness due to the fact it was in a dressing room.

    I continued to try and open my car door, the man promptly got between me and the entrance to my car and said one last time,"mam, this is a bad idea, how old are you? we need you to come inside now!"

    The lady that was watching the whole event closely also spoke up and said, "we got it all on camera, we want our merchandise back"

    I said once again, "I"m late for work, leave me alone"

    the large man still not moving from my car door said "if you leave we will get the PD involved and we can get you for burglary, you are making the harder choice now"

    I somehow managed to squeeze in through a small crack in my door and him so boldly holding it, he would not let me close my door so i started my engine and pulled forward to force it shut.

    drove home with no stop, i saw two state troopers on my way.

    now i'm wondering, what have i gotten myself into and what should i do from here?

    i would appreciate any legall advice you have for me and i'm going to look for a adequate lawyer as well to try to keep me from any suggnificant harm.

  2. #2
    panther10758 Guest

    Default Re: Detained for Suspected Retail Theft in Utah

    If they got your plates your looking at big trouble

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Detained for Suspected Retail Theft in Utah

    You will likely soon hear from the police. Getting a lawyer is a sensible thing to do.

  4. #4

    Default Re: Detained for Suspected Retail Theft in Utah

    You contradict yourself in the post.

    I am also surprised you weren't cuffed and drug back to the office. Turn yourself in and they might make a deal. If not do as aaron says and get a lawyer because the police will be contacting you.

  5. #5
    Join Date
    Oct 2006
    Location
    UTAH
    Posts
    178

    Default Re: Detained for Suspected Retail Theft in Utah

    wow hate to say this but that was STUPID! well i don't hate to say it but you know what I mean. Yeah they will file a police report and they will get you for what he said they would. THey have you on camera going in with the stuff and coming out without it. I am sure they recovered the hanger and tags and you are screwed. YOu are VERY lucky they did not just place you on the ground and cuff you. Good luck

  6. #6
    Join Date
    Jun 2006
    Posts
    12

    Default Re: Detained for Suspected Retail Theft in Utah

    I understand why they did not pin you down and take you in. They have to see you physically hide the items, either by camera or by person. They just suspect you, since you went in to the changing room with items, and exit without them.

    They claimed they have you on camera, but they did not film you taking the clothes.

    They will have to prove to the court that you did not leave the items behind in the changing room. Unless they had a camera filming your exit from the stall to filming the stall being emptied of clothes, then you will have reasonable doubt.

    I was at a drug store last week when I witnessed a cashier and the security guard arguing. The cashier demanded to know why the guard did not pat down a customer who left the store and triggered the security towers. The guard said the cashier did not know the law, that he cannot pat the customer down without actually seeing the crime being committed.

    Just because someone suspects you of shoplifting does not mean they have the right to pat you down, go through your bag looking for stolen items and detain you.

    You were smart to not return to the store when asked.

    And you were lucky you did it in the changing room.

    Never do it again. You came close. If they stool outside your stall and saw through the slit you removing tags, they would have cuffed you.

    For the earlier posts, the reason why they did not cuff her was that nobody actually witnessed her placing the items in her bag and person.

  7. #7
    panther10758 Guest

    Default Re: Detained for Suspected Retail Theft in Utah

    Entering a fitting room (where there are no cameras) does not keep LP from making stops or knowing you have merchandise. Its very simple five items are selected and taken to fitting room three come out. fitting room is check no merch. Only one possible place merch can now be on person who took in there.

  8. #8
    Join Date
    Nov 2007
    Posts
    2

    Default Re: Detained for Suspected Retail Theft in Utah

    i will update you on what happens next. i have still recieved no word from any authorities. my best guess is they will file a police report and i will recieve a call in the next couple of days to come in and make a report of my own on what happened then the district attorney will probablly decide if its worth taking into court. now that all the evidence is gone (besides the remains in the dressing room) i'm wondering what evidence is actually of use since most of the case was done 'off camera' in the dressing room. i think it will be my word against the LP and working employees word at this point.

    the one option i read about that may be present in this case is the level of force that the LP officer used to prevent me from leaving with out actually seeing me commit the crime. i found this to be interesting while reading about shoplifting on wikapdeia:

    "Accused shoplifters rights:

    An accused shoplifter has many rights that protect them from being falsely detained....

    False imprisonment is the unlawful restraint of someone that affects the person’s freedom of movement. Both the threat of being physically confined and actually being physically confined can be considered false imprisonment if the customer is not free to leave." here is the link i found it on, i thought this page was very insightful and interesting as well - http://en.wikipedia.org/wiki/Shoplif...it_inspections

    i may fall into false imprisonment, on the way my case was handled. the man that detained me forcefully stoped my movement and although he did not grab me he did prevent me from leaving in a very forceful manor. so were my rights breeched too? considering the crime was not actually seen by anyone and just suspected at that point?

  9. #9
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Detained for Suspected Retail Theft in Utah

    The Utah statutes allow:

    76-6-603. Detention of suspected violator by merchant -- Purposes.

    (1) Any merchant who has probable cause to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes:

    (a) to make reasonable inquiry as to whether such person has in his possession unpurchased merchandise and to make reasonable investigation of the ownership of such merchandise;
    (b) to request identification;
    (c) to verify such identification;
    (d) to make a reasonable request of such person to place or keep in full view any merchandise such individual may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase, or for any other reasonable purpose;
    (e) to inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer;
    (f) in the case of a minor, to inform a peace officer, the parents, guardian, or other private person interested in the welfare of that minor immediately, if possible, of this detention and to surrender custody of such minor to such person.

    (2) A merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person.

    ------

    76-6-604. Defense to action by person detained.

    In any action for false arrest, false imprisonment, unlawful detention, defamation of character, assault, trespass, or invasion of civil rights brought by any person detained by the merchant, it shall be a defense to such action that the merchant detaining such person had probable cause to believe that the person had committed retail theft and that the merchant acted reasonably under all circumstances.

  10. #10
    Join Date
    Oct 2006
    Location
    UTAH
    Posts
    178

    Default Re: Detained for Suspected Retail Theft in Utah

    It is only false imprisonment if you did not do ANYTHING! since you did you have nothing there. I have gone to court with no video and my word against the lifter. Let me tell you this, "THE JUDGE IS NOT DUMB!" He or she will know if you did it or not from your story, his story and the evidence they do have. YOu might get lucky and they did not file charges.

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