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  1. #1

    Default Accused and Arrested for Shoplifting in Walmart

    My question involves criminal law for the state of: Louisiana, August 24, 2009, Hammond, Walmart.

    I went in Walmart to do some grocery shopping tonight... We do most all our shopping there for years, but since they have just finished "remodeling" in the last 3 months, they are often out of everyday items we use, meaning we have to make 2 trips or so a week to get all we need... as they had cut way back on the quanity of products they carry.

    My vehicle has been in the shop... usually my husband and I shop together. I rarely have time to "Look"...and browse... so I decided tonight to look and browse all I wanted... taking my time, looking for clothes, at plants, etc.

    I stayed about 2 hours looking/browsing all departments. Then I gathered my groceries (took another 35 minutes or more). I paid for my groceries and started out the doors... The alarms did not beep, or anything. But right when I was almost through the doors, the security guard stopped me and said I needed to go to the back with him, and another guy that had followed me around most of the night...

    I asked them why... and the other guy said You have some of my items in your purse, and we are going to take you to search your purse. I said "No sir, I do not...and the door alarms did not ring, so why do you think I have items in my purse?" He was rude and so was the cop and the cops said either I go to the back with them or he would arrest me for harassing him and refusing arrest. I was angry, hurt, upset, amazed at this rudeness and threats. I felt totally humiliated. I refused. The other security guy said "You shoplifted and have my items in your purse you have to let us search your purse or we are going to arrest you anyway."

    Long story made short, they "made" me go to the back with them, by threating me. The search my purse, and because he found a small flashlight, a small can of "Off" insect replelent and an un opened lip pencil liner and unopened lipstick, they said I "stole" the items, shoplifted them... I told him I had had the flashlight a while, and the small can of off, was bought a few weeks ago. As for the unopened lipstick pencil and lipstick, yes they had come from walmart, but that was a few months back also and I tossed them into my purse before I left home, because my old ones were running low, and I was in a hurry and just didn't "open" them by removing the plastic rapping. (they were not in any kind of box, etc)

    The cop tried to intimadate me into confessing... so did the security guy... I was sobbing, and hurt, intimidated, and shaking.... I called both my sisters up there, my husband at his job and told him what they were saying, and my brother in law that's a state trooper... married to one sister... plus I have a brother in law working for walmart that stocks at night... They said no one could see me then they let my sister come in when they found out her husband was a cop also.

    So they arrested me, for "shoplifting" my own items previouisly bought at Walmart, and refused to even let me "pay" for them as second time.... I told them I did not shoplift, but I would even pay for my own items again if they would drop all this nonsense. The security guy said it had "gone too far"... I would not admit to stealing the things, and he had to arrest me now... or Walmart would be "liable"... He said he had me on video camera putting things into my pocket and taking things out.... I told him yes... two cell phones, keys, gum. I had called my husband several times, I had put my keys in my buggy on top of 2 clothing items, I was thinking of buying...

    I saw much of the video tape... it does not "clearly" show me "stealing" anything... just looking... looking in my purse, and taking my phone in and out of my pocket or purse.

    Is any of this even legal? For a customer to be totally harassed and treated this way? I have shopped at walmart since it opened in hammond, 18 or so years ago...

    HOW can they harass and intimidate people this way. He had neave to add (the walmart security guy) that had I admitted stealing the items, he would have let me paid for them and I could have been on my way...

    I have animals, I actually had THREE small flashlights in my purse, I was planning on going to feed / hay my horse after I left walmart and check my rabbits.... we raise rabbits...and the animals are on our property 3 miles from were we live, they are near one of sister's house.

    The walmart security guy said they found a "an empty pack" for one of the same type of flashlights I had had in my purse....so I must have stole the one I had...

    He demaned to know why I had such unusual items in my purse if I hadn't stolen them....I told him as I stated above why... I have animals.... I was going to the field to check my horse.... hence the flashlights... mesqitoes are bad here, it's summer, hence the small can of off...

    He even said one of my cell phones was "His merchandise" and I'd taken it.... I told him "NO SIR that phone has been registered in my name nearly two years." He changed his mind then....(we have an account with sprint, but I keep a small prepaid flip phone through AT&T as our phones drop calls alot in our area so I keep the second for emergencies)

    Also, the walmart guy said "well you picked up several more items you were going to steal also, then you ditched them... " I was totally amazed at his saying this... I was utterly shocked !! I said "WHAT??" He said you picked up a BIG pair of wire cutters to open things with... and you were going to steal them also... but you ditched them...

    I said "My husband is a mechanic, and I didn't ditch the wirecutters, I simply changed my mine about getting them, like I did the two clothing items I had...which I hung back on the racks..."



    Since when does walking around a store 2 hours, looking at merchandise, touching merchadise... or changing your mind and putting something back, getting your cell phone in and out of your pockets / purse.... etc... consitute shoplifting...??? Since when can a walmart store employee in security, make a decision that a customer (and one that spends alot of money at walmart) has stolen items just because they had walmart items with them?

    The purse I was carrying also came from Walmart, the bracelet I was wearing was a Christmas gift as was the purse, the pants and blouse I had on also came from Wamart, as did the Dr. Shcolls sandals I was wearing. The comestic bag in my purse came from Walmart... was a Christmas gift also !! EVEN the under garments I had on came from Walmart. BUT because he found items that had come from Walmart in my purse then I must have shoplifted... although I saw nothing on the video that proved I'd stolen ANYTHING...

    HOW can this be allowed to happen?????
    Angry In Louisiana

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Accused and Arrested for Shoplifting in Walmart

    I have a question/idea.

    I would definitely consult with a Criminal Defense Attorney. Many offer free initial consultations. I think it might be a good idea to plan on retaining the attorney. The money spent would be better than the criminal charges faced.

    Let's face it - most of us don't keep receipts for a long time. Do you remember approximately when you purchased the cosmetics especially? And if they may have been on a credit or debit card? There may be a way to trace those back. The items still being in wrappers is not going to look good, and it may still be difficult to prove you had bought them previously, and not stolen them last night. (Just giving you an idea of what a Prosecutor may think).

    I assume the can of OFF would likely have been used and not full? If so, mention this to the lawyer.

    I also would wonder what shoplifter would steal a flashlight AND take time to put the batteries in? That's another thing to mention to the lawyer.

    As for security alarms at the doors: Not all items are tagged, mostly just the high value items, or small items like jewelry.

    Good luck.

  3. #3

    Default Re: Accused and Arrested for Shoplifting in Walmart

    I was up most of the night crying... haven't eaten anything all last night or today.... feel completely humiliated and sick, have very bad headache. Have spend nearly all day of my time researching via the internet on Walmart, inventory control, their shoplifting stories, etc. I've found two articles where two different men (one of whom was a well established community member, a father, and a master carpenter) whom died at the hands of walmart's "security personal"... his death was ruled as homicide. I've read numerous other terrible injustices, and horror stories of people being falsely accused, of shoplifting, etc. I'm more than sick.... right now.... not just for myself either. I had no idea walmart was doing this sort of thing to people.

    Mr. Sam Walton would turn over in his grave at what they have done to his stores. He believed in treated his customers with care, and that his customers MADE him and his stores.

    I've talked to a paralegal with one attorney... they want to take the case, clear me of the criminal ...1 ct theif / $58.00 and then turn around and sue the H*%& out of Walmart.

    I'm waiting to hear from another attorney to see what they advise in the free consultation. My husband just begin a new job 5 weeks ago, we are doing great, but we also don't have a few thousand just lying around just to invest in this stupidity. I have an envelope full of reciepts showing we have spent hundreds with walmart in past months... Why would I attempt to take a flashlight, a can of off and makeup?? Doesn't even begin to make sense, much less the fact that I've shopped at Walmart for 18 years or more and NEVER once been suspected of shoplifting.

    Emotionally and physically I'm worn out right now... I alternate between angry and sobbing. I'd like to know how many other innocent people this has happened to.

    The master carpenter that they chased into the parking, and held down was accused of stealing a bb gun, bbs, and a pack of diapers. Four Walmart security and employees, pushed him down on the hot pavement and set on his back with their knees, until he stopped breathing... HOW ABSOLUTELY SAD. His family sued and Walmart paid out millions.

    My case is not like his. However I am sickened by what happened to him and others, like he and I.

    Thank you kindly for a reply. The cosmetics could have been purchased up to a year ago... I buy extra stuff (cloths, comestics, household stuff, etc etc) when I find a good deal and put it up at home until we need it. I have looked through receipts, and am still digging. Normally I wouldn't save that kind of receipt as Walmart will not let you even return that kind of item after one purchases it... even if it's not good upon purchase. I usually kinda clean out my wallet and purse about once a week and throw away small amount receipts with things on them I know it will not do me any good to save. I am still digging through files though. I'm seriously sad and upset over some of the stories I've read today over Walmart accusing and even harming people for supposed shoplifting... I'm sick over a woman and child losing their husband/daddy, just because walmart employees thought he had shoplifted... a father of a two year old is killed in the parking lot, for doing nothing. Four employees/security HELD this man down with weight on his chest until he suffered a heart attack.

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Accused and Arrested for Shoplifting in Walmart

    Definitely see that second lawyer.

    The Criminal Defense lawyer will ask to review the tapes. May show them in court, if it comes to a trial.

    And I know what you mean about extra makeup and stuff. If something I use is put on sale and I have a coupon, I stock up, then keep it in a nice cool place. I do have a good year worth of my base, and various lipsticks, eyeliners, and mascaras (I'm a girly-girl). I must have 10 shades of nailpolish even though my nails suck.

    Since I was caught on my first and only shoplifting: I now remove all wrapping from product if it will go in my purse. Atleast my lipstick and eyeliner are from the store I can no longer go in. The rest of it, I leave at home. When I reach into my purse, I make sure they can tell it is for my cell or a pen/shopping list.



    Anyway, good luck to you.

  5. #5
    Join Date
    Mar 2008
    Location
    New York
    Posts
    13

    Default Re: Accused and Arrested for Shoplifting in Walmart

    Why did you offer to pay for items you paid for in the past ? That will most likly come up in court. You wrote "I saw much of the video tape... it does not "clearly" show me "stealing" anything... just looking... looking in my purse, and taking my phone in and out of my pocket or purse. " Did you take the items out off your handbag and put them back in your bag. My advice would be to get an Criminal Defense lawyer. As for Wall-Mart security issues in the past a company that bring will always have bad things happen. The other side is they stop thousands of people without incdent. Good Luck.....

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