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  1. #1
    Join Date
    Nov 2009
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    Default North Carolina Concealing Merchandise - False Arrest

    My question involves criminal law for the state of: North Carolina

    This has happened to my wife and I'll withhold the details and stick to the main point.

    My wife left a store. A security guard stopped her before she reached her car and asked her about an item she had in her bag. She opened her bag to reveal that she did not have anything in her bag. She also willfully showed the security guard where she had actually placed the item after she decided that she didn't want to buy it. He then took her to the back room and accused her of concealing merchandise, called an officer who then wrote her a ticket.

    I've already read GS 14-72.1 and have an understanding of this law.

    I guess my question is, Is getting an attorney necessary? We feel that we can argue that there is no probable cause because they cannot prove that my wife had intent to willfully conceal merchandise (because there was no concealment period).

    Also, can someone please explain or point me in a direction so that I could research this part of the process (ex. interacting with the DA / judge at the court hearing)?

    Whether we get an attorney or not, we want to have a good feel for what to expect.

    Thanks for any help and insight.

  2. #2
    Join Date
    Sep 2005
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    Default Re: North Carolina Concealing Merchandise - False Arrest

    If the item she allegedly stole was still within the store and not past the point of sale, even if not on the shelf where it had originally been stocked, what's the rationale for saying she stole it or that this "concealment" was for the purpose of stealing? Is there interpretation that she was concealing the item with the intent to steal it, but noticed that a LP was watching her and decided to ditch it?

    What type of bag are we talking about? If it's a purse or handbag, store bag from a prior purchase at this or another store, or really any type of bag she brought into the store, why would she have put unpaid merchandise in her bag? Is she claiming that the item was never in the bag?

    Is any of this captured on surveillance video?

    NCGS 14-72.1.

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