Ok well I was at Spencer's Gifts and was looking at some cool stuff. Anyways, I guess a fluffy key chain got caught on my shirt (static cling) because when I walked out, the alarm came out. Mall security was there right away. They saw the key chain on me and said "Nice Try." They told me I was going to go to the police station. As they were going to handcuff me, they said "Oh look at the time, we have a 30 min break". So then they handcuffed me to a bench and said they'd be back.
About 5 mins. later, the clerk said he saw the tapes and I was free, but no guards were there to unlock me. So about an hour later, they came back and let me go.
It was so embarrassing cause hundreds of people just saw me there. Lots kept staring at me.
What can I do!?
2007-09-08 18:40:50 · 18 answers · asked by moviemaker1990 1 in Beauty & Style ➔ Fashion & Accessories
I'd sue the crap out of those people. Contact the mall security headquarters or your local police station and make a complaint.
That's extreme negligence on their part; what if there would have been a fire? You would be locked to the doggone bench.
2007-09-08 18:44:58 · answer #1 · answered by Anonymous · 1⤊ 0⤋
i would get the clerk to make a statement, and then file a complaint with the mall administration. Even if you dont get any financial gain for yourself, you can make sure that those all cops are dealt with so that no one else has to go through what you did. On top of embarrasing, it was dangerous. What if a fire had broken out? They would've been busy, and could have forgotten you. Then they would be dealing with murder instead of unlawful confinement.
2007-09-08 19:32:08 · answer #2 · answered by robinsulz 2 · 0⤊ 0⤋
You can sue them for false arrest and for cruel and unusual punishment; leaving you locked to a public bench for 30 minutes or an hour is NOT acceptable behavior.
The police have to prove intent to steal; you have to have picked up the item with and tried to conceal it. If, as you say, it was stuck to you by static cling then it was a pure accident and you should not have been arrested.
Did the security guards read your rights? Did they read you your Miranda rights? I bet not and legal detention is not legal without and understanding of your rights. If you have seen any cop show you know those rights, but you also know that they have to be given to you before an arrest to make that arrest legal; confined in handcuffs leaves no doubt that you were confined.
You were embarrassed and held up for public ridicule so you were damaged by their actions. Not only was the arrest unlawful, but without reading your rights it is no longer an arrest, but becomes illegal detainment; kidnapping.
The security guards work for a company independent of the mall, but you can bring the mall in and the manager of the store that you "robbed." Why didn't they call security to have you released? They knew you were not guilty and surely they had the phone number to summon the security guards or the police. Either one would have had a key to those handcuffs. Therefore they are complacent in the unlawful detainment.
Your lawyer will need to subpoena the store tapes to prove you are innocent, make sure they aren’t recorded over and get a copy of them as soon as possible. You will also need the names of any witnesses as well as the manager and sales clerk on duty at the time of the arrest in the store. Did anyone you know see you? Can you identify anyone in the crowd? You need as many witnesses as possible. Put up a sign outside of the store saying you are suing the store for unlawful detainment and give your phone number and ask for witnesses to contact you. Make plenty of copies so you can keep posting them when the Mall security tries to tear them down. Get a lawyer on this as soon as possible. The more stink you make about this the more likely they are to settle out of court just to get you to go away. They made a fool out of you so it is your turn to make a fool out of them. Make them come in to a lawyer’s office to swear a disposition. That is legal evidence from witness testimony often recorded on video. If you have it then it is admissible and gives grounds to call the witnesses. If for some strange reason the witnesses are not made available for trial then your tape will have to stand in their stead. Be clear about all this and name as many people as you can in your law suit. Make a huge stink. What does the local newspaper think about this, how about the local news station? Have they been informed, can you get a copy of the video tape to prove your innocence to them? If so then you can bring in the press. The more attention you get the bigger you case will become and the more risk you are to the mall and the security company.
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2007-09-08 19:00:43 · answer #3 · answered by Dan S 7 · 3⤊ 0⤋
They had no intention of taking you to the station. Probably just trying to embarass you to deter you from shoplifting again in the future. They do things like this all the time. What they did to you was a bit extreme though. I would consider taking some legal action against the mall.
2007-09-08 18:49:26 · answer #4 · answered by Anonymous · 0⤊ 0⤋
u can sue them but i think mostly they did this just to teach u a lesson because they thought u had stolen the key ring. But in case next time this happens u can tell the security to check the video before hand cuffing u and plz dont panic cos u dont want them to think ur panicing cos u stole an item. Stay calm and deal with them easily.
Best of Luck
2007-09-08 18:49:07 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Sue them, that is against the fire codes of a public building first off. After they watched the video's & set you free, I would try to sue them for false imprisonment also. Definitly talk to an attorney.
2007-09-08 18:56:29 · answer #6 · answered by simplysweetnsexi 3 · 0⤊ 0⤋
You would probably cause more trouble than it's worth but, technically you could file a wrongful arrest suit against the police department.
2007-09-08 18:51:26 · answer #7 · answered by Emissary 6 · 0⤊ 0⤋
well.....are you in CA? the lunch breaks are very strict. i used to work at the mall........ and if you don't clock out on time for your lunch ( you have to go to lunch on your 6th hour-something like that) any way if you don't clock out when your employer told you too..... you get fired after the 2nd time. that went the same for security. ...
fyi COPS ans MALL SECURITY IS NOT THE SAME. just deal with it...... every one always wants too sue sue......your going to spend more money and more time on the attorney for what.? for an apology! christ
2007-09-08 18:53:29 · answer #8 · answered by natasha 2 · 0⤊ 0⤋
Put a complaint in at the Police Station with the Chief of Police.. He knows who worked in the area, the time and the date... It may not get you anywhere, but they will be reprimanded "in house"..........
2007-09-08 18:50:51 · answer #9 · answered by Giddyup 4 · 0⤊ 0⤋
thats so shitty dude, I'm not sure your gonna be able to sue them, but I'll try to find sumthin.
edit:
cant find anything specific to your situation, just general stuff.
"If you feel your rights have been violated, file a written complaint with police department's internal affairs division or civilian complaint board."
http://www.aclu.org/police/gen/14528res20040730.html
I would try to press charges on the pigs if I were u though.
2007-09-08 18:49:28 · answer #10 · answered by SpacemanSpliff 3 · 0⤊ 0⤋