My question involves criminal law for the state of: Arizona
My kids and I (8 y/o boy & 5 y/o girl) went to Walmart to grab some stuff about 12:30 pm 6/21/08. I needed to get some weights and what not, and I promised my kids a toy each for really helping me out this week. Any way, we got the stuff we needed and they saw McDonald's. We decided to grab some burgers. This was directly across the way from the check-stand where I purchased my stuff. Pushed the cart up to McD's and walked up to the register. Bought our stuff, ate lunch, and went to leave. (Approx 1:30 PM)
I grabbed the cart and headed for the door. Walked through the little security sensors (No, they did not go off) and was almost to the door. A guy (50's-60's, gray hair, possibly glasses) asked for my receipt. I told him "No thank you" and kept walking. I attempted to walk out the door. He then tried to pull the cart out of my hands, and said you need to come with me to the security office. I told him I would be doing no such thing and asked him if he was accusing me of stealing. He said no. I then asked if he was detaining me. He said no. So I went to push the cart out of the door. He grabbed the cart again. I asked him if he would physically grab me. He said no. I told him to get a manager. He yelled at another gentleman (coincidentally, the gentleman in question was standing in line directly in front of me at McDonald's. His total was $4.02. I remember seeing it ring up on the register) This gentleman (not wearing a name tag) was late 40's - early 50's. He went and banged on a door right near the entrance that had a piece of paper taped on it saying "Employees Only" or something to that effect.
I said to the first gentleman "Look, I've paid for every item in this cart. It is my property. I'm getting my items and I'm leaving." At this time time, a younger guy (Mid 20's, short cropped light brown or blond hair, possible earring, 200-225 lbs, 5'10" or so, no nametag) came out from the earlier mentioned door. At that point I reached in, picked up my items (1 40lb dumbell set, 2 sunshades for a car, toy puppy, super soaker, lifting gloves, and exercise mat) handed the kids their toys and went to walk out the door. At that point the employee (I think, he wasn't wearing any kind of name tag) that came out of the side door grabbed me by the biceps and tried to restrain me. I asked him to get his hands off me and please call the police. At this point, I was surrounded by about 10 employees (Again, I'm not 100% they were employees, since most had no WalMart badges on). My daughter (5) started bawling. I again asked if I was free to go. I walked just outside the entrance doors, and 4-5 employees circled me and prevented me from leaving. "no name tag" (the younger) again put his hands on my arms and prevented me from advancing. (I'm not clear if all were employees or not. There were several males of varying ages and one female, 30's-hispanic or native american. All wearing street clothes.
"No nametag" (the younger) got out his cellphone and dialed 911. I was about 6 inches from his face. He got the dispatcher and advised them that he had an uncooperative customer and needed the police. I leaned in and said something to the effect "Ask the dispatcher if it is legal for you to physically detain me." I repeated this several times. He tells the dispatcher that NO ONE ever touched me. At this point an Asst. Manager (Mikki - 40's African American Female) walked up and asked what the problem was. I told her what was happening. "No nametag" says "I never touched him." I ignored him and asked the Mgr if there were video cameras at the entrance. She said yes, so I told her that I wasn't going to argue the point, we could just watch the video.
At this point another employee went up to my daughter and grabbed the toy from her arms. This guy was probably mid 20's: crew cut style haircut, dark brown, or black hair. Athletic build, a little over 6ft tall. She was really crying by then. He said he was taking it to look up the transaction. 10 minutes went by, me surrounded by employees. Nobody really saying anything. I tried to take a picture of the guy who grabbed my arms, but he kept turning around in circles so I couldn't get it. I have one photo of the back of his head. The police still hadn't shown up. The employee who took my daughter's toy then returned with a receipt printout and handed it to Mikki. She looked at my stuff, said here's your receipt. See you later. No apologies, nothing.
My kids were so upset that I just left. Maybe I should have waited for the cops, I don't know. When I got home I called the store and talked to the manager, Kathleen. I asked her if what happened to me was how they trained their employees. She said "It depends." I asked if there were videos. She said they had DVR's that were maintained for 30 days. Told me that the young guy (no name tag) was most likely a loss prevention employee named Jeremy.
I do have a copy of the receipt they printed out. I jotted down the names of those with badges and some phone numbers the store manager gave me.

