- If you are being detained, you have been arrested. Arrest really just means that you have been stopped. They are allowed to do this.
- Don't say anything. You may be guilty as sin, but you have a Constitutional right. The 5th Amendment protects you from self-incrimination.
- Don't believe anything they say. A department store will tell you that they will "let you go" if you cooperate. They are trying to get a confession out of you or collect evidence so that they can turn you over to the police.
- Don't let the store take a picture. They don't have the right. They will tell you they "need" to. They don't. Turn your head, look down. It makes them angry, but so what?
- Don't let them look through your stuff. They will say things like, "I'm going to look through your purse to get your ID, OK?" Tell them no. It makes them angry, but so what? They will tell you that they will turn you over to the police because you didn't cooperate. So what? They were going to do that anyway. When the police come, they CAN look through your stuff without your consent if there is probable cause that you committed a crime. I'm looking into the matter of whether or not the police had the right to get my ID from my purse or search through my purse when I was only being accused of taking 1 item.
- Don't say anything. The police will try to get you to tell them what happened even after they read you your Miranda rights. Repeat this mantra, "I have the right to remain silent." They will ask again. Repeat, "I have the right to remain silent." They will tell you you are rude, have a bad attitude and demand to know why you aren't cooperating. They will ask you about the weather and try again to get a confession. Repeat this mantra, "I have the right to remain silent. I have the right to have an attorney."
- Remember everything they do. You have other rights like protection from cruel and unusual punishment. Did they use uneccessary force? Did you advise them that you have a legitimate injury? Did they ignore what you said? Did they do anything cruel and unusual? ie did you tell them you had to go to the bathroom for 90 minutes without being allowed to go? They will tell you that they will let you use the bathroom if you cooperate. Don't tell them anything. Report things they do wrong to agencies like the ACLU or register a complaint of police misconduct to PoliceAbuse.com. If the shopkeeper does anything wrong, they may have to drop their charges. They may be found to be even more guilty than you an criminally or at lest civilly liable. You may be able to collect damages--money--for what they did wrong.
- Yes, you're in trouble. Yes, you might be guilty as sin. So what? You still have rights.
- Depending on your history and the charges a public defender may be just as good as a lawyer you pay for.
- Lastly. Stop stealing you fucking idiot!
Tuesday, April 21, 2009
Arrested for Shoplifting? 10 things to remember
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1 comment:
As a retail loss prevention associate, many of the things posted here are what I would consider to be bad advice.
For small thefts of under $50, most police departments don't want to waste their time on making an arrest.
Loss prevention knows this, so they won't call the police unless the subject is not cooperating. In some states, if the subject refuses to show their ID, it is the law to call the police so that warrants can be checked.
On top of this, for every arrest made, we have to go to court. Court is a pain. We don't want to go to court for $30 in shoplifting.
If you're polite, honest and cooperate, most loss prevention associates appreciate it and cut you a break if you're a first time offender.
If you don't work with us, the police will take our side and make things difficult for you.
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