Very detailed question about stealing...?

Question

Ok, first I want constructive knowledgeable answers please.

Ok, hes the senario: Bob walks into a store. Bob takes Item Z off the shelf. Bob walks around looking suspicious. Bob the pretends to place Item Z in his pants, however he returns the item to a shelf. Bob leaves the store and is accosted by the store's security. Security informs Bob he has stolen something and tell him he must come with him to the security office or he will call the police. Bob insists he didn't steal anything, and walks out of the store.

What could happen?

Lets say Bob is no longer in the store, however security person attempts to detain Bob by physical means. What can Bob do?

I'm looking for real answers even references to laws please.

Answer 1

in most states in the U.S., security people have a right to detain people on suspicion

what bob CAN do is a trickier question than what bob should do, what bob should do is obvious, allow himself to be searched and go on his way

bob can always charge security people who touch him with assault and he can always sue those people, their employer, and anybody else with money in range

however, if the store people have video tape, or witnesses that show bob acting suspiciously, and bob gets physical back at the security people, they can charge and sue him

then it all depends on what happens in court

Answer 2

Bob should not resist. Bob has not committed a crime...although he has committed an "overt act" (putting items in his pants) which in some cases is enough. Example... a person can think about robbing a bank all they want but they are not committing a crime until they take steps toward that goal (i.e. if they are caught with plans of the bank, skimasks, guns on the way to the bank) a jury could be reasonably convinced that they were conspiring to rob the bank and would have unless law enforcement intervened. However in this case Bob chickened out and obviously was planing to steal item Z but instead did not. Security guard in "good faith" and in the performance of his duties believes Bob to have committed a crime. He may well be within his rights to detain Bob however this distinction is blurred somewhat because in some states it is the value of the item that determines the severity of the offense. If item Z is above a certain dollar amount... consideration is given to the amount of force necessary to prevent the theft.

Answer 3

First scenario: Bob could end up in the security officers back room with criminal charges and a black eye in spite of his plea of innocence - however true. Bob's prank makes the security look stupid if they detain him and search him without finding anything.

Second scenario: Bob can confess his trick and hopefully be let go.

I don't know about the law, but there may be a law that prohibits people from wasting the time of law enforcement officials with mischieveous behavior. Besides, they do have the right to stop, search and detain individuals who are behaving suspiciously.

Answer 4

Obviously, the security guard did not see Bob return the item to the shelf. I'd say that Bob should remain calm, continually stating his innocence and that his has nothing in his possession that doesnt belong to him. When the police comes, he then should welcome a search but say nothing. Never say anything without the advise of legal counsel. But, nothing can hurt for him to say, "please feel free to search me...I have nothing. I took nothing."
Other than this, only a lawyer could tell you (him) how much 'clout' the security guard's observation has over Bob changing his mind...with the police (i.e., his influence over the police's ultimate actions).
Good luck 'Bob', and if you don't know about Karma...now would be a good time to learn about it. Your whole life will improve. I hope if this goes easy on you, that you don't take it to mean that you could get away with more next time. Karma will tell you differently.

Answer 5

Bob should have gone to the security office to prove his innocence. The rent a cop was just doing his job. All bob was doing was entertaining himself by trying to embarrass the $8/hour security guy, who would have been justified calling the police for suspicion.

Answer 6

1st scenario: the security can call the police, maybe get a license number of Bob's auto. The cops could come and frisk him.

2nd scenario: bob can call the cops and have the security arrested for assault. They are NOT supposed to try and detain people.

Answer 7

If security has a reasonable suspision, then they may detain him, but not necessarily search him. Law enforcement individuals would be the only one with the official right to charge and search him. Once it is determined that no item was stolen,..Bob is in for an apology.. No matter how messed up it was.

Answer 8

Bobs a moron for even acting like that ... The security officer was just doing his job

Answer 9

Bob should have the officers search him, and if they can't find anything on him that he might have stolen, they have no reason to detain him any longer - and if they do detain him with no reason, it's unlawful and he can take them to court.

Answer 10

Law veries for each state so you will get all kinds of different opinions..,best thing to do is call a security service agency and ask them.They will tell you and it will be local or even call the police dept..,not 911 and they will tell you as well.Good luck.