2006-12-24 08:41:48 · 21 answers · asked by whatsepultra 2 in Politics & Government ➔ Law & Ethics
Yes, it's called shopkeepers privilege - a rule of law that applies only to retail establishments. The flip side is that if they were not just mistaken, but really had absolutely no reason to think you stole, you may be able to sue for false imprisonment.
2006-12-24 09:43:26 · answer #1 · answered by Catspaw 6 · 0⤊ 0⤋
The answer is kind of yes and no (and only exists for California, because that the only law I know about). Walmart security guards aren't cops, so they don't have the power of the government to apprehend you. But they have the power to get their merchandise back and they won't get in trouble for detaining you until cops arrive. The problem is that if you physically resist the guards (or other employees) trying to get their stuff back and you still try to take merchandise with you, suddenly, what was a misdemeanor shoplifting charge becomes a felony robbery. And Robbery in California is a violent felony and a strike. Although exceptions are made in rare occurances, technically, a conviction for robbery means that you are statutorily ineligible for probation. You go to prison without probation.
The question is: If the guards or other employees come at you and you see there is going to be a phyical altercation, can you put the stuff down before they get to you and then resist. Probably. But don't get involved in a physical altercation. Don't swing your fists around. Your ability to act in self-defense is curtailed at this point. As such, you may end up being charged with felony assualt with a deadly weapon (even if you only use your fists). But I suppose you could pull away or try to run (as long as you clearly show that you are abandoning the merchandise). But if you try to take it with you and use force to escape, you have just committed a robbery.
2006-12-24 09:09:06 · answer #2 · answered by Erik B 3 · 0⤊ 0⤋
Yes. If they have belief that you've stolen, or attempted to steal something, they can hold you until authorities arrive. If you were apprehended, you can rest assured that when it goes to court, they will produce a video surveillance.
If you feel that you were falsely accused, there are measures that you can take against the store, but first you must go through the criminal proceeding. My suggestion to you is get the advice of an attorney.
And remember, if there is no surveillance, and just the word of a witness, with no stolen items found on your person, chances are you will win your case.
2006-12-24 09:20:39 · answer #3 · answered by deanie1962 4 · 0⤊ 0⤋
I'd love to be accused of stealing something at any store...especially Wal-Mart!!!! I'd even let the detain me as long as they wanted. Do you realize the settlement you can get from them for detaining you and you didn't steal anything? Defamation of character lawsuit here I come. Stores are very careful to accuse someone of stealing for this reason.
2006-12-24 09:13:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
i have worked law enforcement and retail security in 3 different states, yes they can, but if the person did not steal anything and force was used, there will be a nice lawsuit....not a long one ...wal-mart will settle quick i am sure
2006-12-24 17:49:05 · answer #5 · answered by sevenout7 4 · 0⤊ 0⤋
Wal-Mart does not think ,about theft ,they either saw you on cameras or someone ? they cannot use force against you either ,they must treat you with dignity ....... but in order to prove that you have not done anything ? just wait for the Police ,
you do not have to do anything ,until the Police shows up , if you are in your rights and have not taken anything from that store ? sue them !!!!!!! demands apologies and etc.
2006-12-24 09:24:26 · answer #6 · answered by HJW 7 · 0⤊ 0⤋
If they are sure, yes they can, It is just the same as what is normally known as a citizens arrest when done by a security officer, all walmart have security officers, often undercover working at there stores
2006-12-24 11:00:53 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes, well to some extent anyway, it depends on what you consider "forcefully"
2006-12-24 13:16:45 · answer #8 · answered by Anonymous · 0⤊ 0⤋
No, but neither should six flags, who forces you into a room and makes you sign a confession. They actually aprehended a guy I was with and made him sign a confession or else they wouldnt let him go. Then they had the police meet him at the from gate.
2006-12-24 08:45:06 · answer #9 · answered by Doggzilla 6 · 0⤊ 2⤋
You would have to review your hiring application and the Employee handbook- Alabama stores in Alabama and Florida CAN
2006-12-24 08:44:29 · answer #10 · answered by taylorparton 2 · 2⤊ 0⤋