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  1. #1
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    Dec 2009
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    Angry Banned from a Store but I Did Not Steal

    My question involves criminal law for the state of: New York

    Hello. So I was with my friend and SHE stole from American Apparel. I was with her, and I even -told- her not to do it, but she did anyway. I DID NOT TAKE ANYTHING. Anyway, the loss prevention person caught her on camera and she got arrested and stuff--but he made me sign the trespassing papers that basically said I can't go to any American Apparel store anywhere ever. I protested but he said because I saw her and I knew what she was doing etc, that I have to, and that they can replay the tapes to the police, etc. However, I did not do anything so I do not see why this is. Is this legal? Is there anyway I can combat this? It there anyway I can lift the ban? Is this false detainment?

    Even if it is within the stores rights or whatever to detain/ban me etc is there any procedure or way to appeal it considering that I DID NOT TAKE ANYTHING. Like, what was I supposed to do? Physically stop her? She's her own person.

  2. #2
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    Mar 2007
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    Default Re: Banned from a Store but I Did Not Steal

    The manager of private property has the ability to admit or restrict the entry of anyone onto the premises.

  3. #3
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    Key West, FL
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    Default Re: Banned from a Store but I Did Not Steal

    Yes, but you can't be charged with anything and you could have simply refused to sign any agreement. There is no such thing as conspiracy to commit shoplifting.

  4. #4
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    Default Re: Banned from a Store but I Did Not Steal

    Is there anyway I can combat this? It there anyway I can lift the ban? Is this false detainment? Is there any procedure or way to appeal it?

    Quote Quoting cyjeff
    View Post
    The manager of private property has the ability to admit or restrict the entry of anyone onto the premises.
    Is there anyway I can combat this? It there anyway I can lift the ban? Is this false detainment? Is there any procedure or way to appeal it?

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: Banned from a Store but I Did Not Steal

    berriyumz;378353]

    Even if it is within the stores rights or whatever to detain/ban me etc is there any procedure or way to appeal it considering that I DID NOT TAKE ANYTHING. Like, what was I supposed to do? Physically stop her?
    that would have been a great idea.

    She's her own person.
    ever hear the sayings "birds of a feather flock together"? "You are judged by the company you keep"?

    Your friend stole. You were even apparently aware of it yet you simply allowed your friend to break the law.

    Stores do not want that kind of customer and it is their right to refuse to allow you in their store.

    berriyumz;378362]Is there anyway I can combat this?
    no

    It there anyway I can lift the ban?
    no

    Is this false detainment?
    Huh? NO

    Is there any procedure or way to appeal it?
    sure. contact the store and plead your case to them. If they rescind the order, your good to shop there. If they don't, you shop elsewhere.

  6. #6
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    Dec 2009
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    6

    Default Re: Banned from a Store but I Did Not Steal

    Quote Quoting jk
    View Post
    no

    Huh? NO

    sure. contact the store and plead your case to them. If they rescind the order, your good to shop there. If they don't, you shop elsewhere.
    Isn't using physical force against others against their will battery?

    And, "false detainment" in the sense that I was detained when *I* did not do ~anything~ ergo false imprisonment only i wasn't imprisoned--I was detained.


    And by "contact the store"--contact who exactly? The manager of the actual store I went to? Headquarters? Corporate? And what do I say?

    The problem is I don't even shop there! That store is overpriced and ridiculous. I just don't like the idea of being banned from somewhere. That's embarrassing.

  7. #7
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    Jan 2006
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    Default Re: Banned from a Store but I Did Not Steal

    if you were aware of the shoplifting, there is a great possibility you actually have committed a crime. As such, they do have the right to detain you.

    If you believe your have been illegally detained, contact the police, tell them the story and file charges for unlawful imprisonment or whatever your state would see the crime as.

    Who to contact?

    start with store manager, then go up the chain until you reach the CEO if you want to work that hard at it.

  8. #8
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    Dec 2009
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    Default Re: Banned from a Store but I Did Not Steal

    Quote Quoting jk
    View Post
    if you were aware of the shoplifting, there is a great possibility you actually have committed a crime. As such, they do have the right to detain you.
    Where can I look to see the exact technicalities of these laws and such? That's why I didn't make a scene and protest signing the stupid paper too much because I wasn't entirely sure if I was in the clear or what.

    Quote Quoting jk
    View Post
    If you believe your have been illegally detained, contact the police, tell them the story and file charges for unlawful imprisonment or whatever your state would see the crime as.
    As far as I've been reading, shopkeeper's rights and whatnot give the shopkeeper the right to legally detain you if they have reasonable suspicion to believe that *YOU* have stolen something. However, as they were apparently watching *me* on camera they KNOW I didn't steal anything because they watched me not as I didn't steal anything, which doesn't sound like reasonable cause to me.

    I'd like to read up more on this though so I have enough info to combat all the trouble the police would try to give me because they hardly know half of what they're talking about but just like to talk aggressively over people and be rude.

  9. #9
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    Mar 2007
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    Default Re: Banned from a Store but I Did Not Steal

    Quote Quoting berriyumz
    View Post
    Where can I look to see the exact technicalities of these laws and such? That's why I didn't make a scene and protest signing the stupid paper too much because I wasn't entirely sure if I was in the clear or what.
    think of it this way.

    the guy that drives the getaway car is just as guilty.

    You knew your friend was stealing. You did not stop her. This is called "aiding and abetting" and/or accessory.

    In other words, if you see a crime being committed and do nothing to stop it, you may be considered to be just as guilty as the person that is physically doing the crime.


    As far as I've been reading, shopkeeper's rights and whatnot give the shopkeeper the right to legally detain you if they have reasonable suspicion to believe that *YOU* have stolen something. However, as they were apparently watching *me* on camera they KNOW I didn't steal anything because they watched me not as I didn't steal anything, which doesn't sound like reasonable cause to me.
    You are incorrect.

    They didn't know you had or had not stolen. They DID know that your friend was stealing and that you apparently KNEW she was stealing... therefore, guilty.

    I'd like to read up more on this though so I have enough info to combat all the trouble the police would try to give me because they hardly know half of what they're talking about but just like to talk aggressively over people and be rude.
    You really have no idea what you are talking about.

    If you make a lot of noise, you will be given the same citation your friend received and it will stick.

    You received a very large break. If you demand to be arrested, you will get your wish.

  10. #10
    Join Date
    Mar 2009
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    Michigan
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    Default Re: Banned from a Store but I Did Not Steal

    As you were with your friend, you could have been charged with Aiding/Abetting, as CyJeff already mentioned. See, the store could have seen it as you were helping your friend. But remember, the store does have a year in which it may file charges against you.

    When you know someone is stealing, you report it....just tell the nearest store employee, or the "Greeter" at the door.

    Sure, it may be "ratting"...but...would your friend pay your fines and legal fees if you had been charged as well? Those amount to atleast $1000....more if you need a lawyer. And also, if you were charged too - you would have a criminal record that could affect future job searches....Your friend apparently wasn't considerate enough to think that her actions could mess up YOUR life, too.

    As for getting a ban lifted, it depends on the companys policy. I know for Kohl's, you have to write to Corporate Office loss prevention department.

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