Detained at Wal-Mart When Innocent. Cops called for cursing.

There's a lot of good information here. My friend, I think, was treated this way in part because she was a minor, although only a month away from being 18. Are her rights discussed in this thread revoked because she is 30 some days short of being a legal adult? Because that would be ridiculous.

Also, would a unlawful detainment complaint stand if they were only detained for around an hour? She didn't say anything about a police report. The feeling I got from it was the cops were called because she "gave the head of security lip." not because of the shoplifting suspicion.

[edit on 7-12-2008 by garayn]

reply to post by garayn


Usually unless a person is under 16 they are treated the same as an adult. If under 16 we had to be more careful that they got home safe. I used to contact police if the person was under 16 so that I would not be responsible for them when they left the property.

Yes there is a very good chance you could sue for false imprisonment. When I was an LP I had to have regular employees check receipts because if the person found out I was security it was considered illegal detention. The fact that they were held for an hour and there was no merchandise on any of the teens would play very well in a lawsuit. If they had stolen something, the one hour would not be a big deal. I had to sit with a guy I handcuffed for five hours once, but I actually did my job right and knew he stole.

I think that the police were called because the guy wanted them to get a pat down. I would have never patted down a female (wasn't actually supposed to pat guys down but I had too many knives pulled to follow that rule). Most LP's have pretty tough skin and I doubt she hurt his feelings enough to warrant a call to the cops.

[edit on 7-12-2008 by Raustin]

Had I been in that position, and the security guard blocked my way, I would have threatened to press Kidnapping charges against the company if they didn't move.

If they can't prove that I committed the crime, they are detaining me illegally.

When it comes to the rights of customers, there's only one thing corporations understand: Litigation.

reply to post by Thelast


When I was an LP everyone threatened to sue me, told me they were innocent and always claimed they had diabetes (just ask if it's type one or two and they shutup). Threatening kidnapping charges will not deter an LP from restraining you, they hear it ever day. You have to understand that when an LP makes the commitment to stop you, he has already determined you are guilty. If he is wrong, the company gets sued, he gets sued and possibly has criminal charges filed against him. Letting someone go that claims innocence before the police verify is the worst thing an LP can do. It makes them look guilty. Running, fighting or being an a hole is the quickest way to get arrested. If you run, the cops will arrest you and take the LP's word that you stole. If you fight, there is probably going to be someone a lot tougher than you rushing to help the guy out. If you act like an a hole, you look guilty in court. Trust me when I say there will be a lot of employees wanting to back up the LP. Act civil, and you will be treated with a great deal of respect. When people were civil with me, I would grab them a coke out of my office fridge and put in a good word with the cops. I once went to court and asked the judge to be lenient with a guy that stole $2,000 worth of stuff because he acted like a gentleman when I grabbed him.

[edit on 7-12-2008 by Raustin]

I would bet that some of those kids took stuff, but chickened out and dropped it before they left. They were caught on camera taking the items.

Yes, a store has the right to stop you, and detain you, if they have reason to suspect that you have shoplifted. They also have the right to call the police.

As to your "young friend", too bad the old fashioned method of washing people mouths out with soap for using profanity is no longer allowed.

I mfeel no sympathy for them at all.

The security people do not just randomly stop teens. They had reason to do this, and I suspect your friend knows all too well what that reason was.

My opinion on this, especially after reading where Wal-Mart employees killed a guy in a parking lot for shoplifting.

It's not shoplifting until you leave the store without paying for it.
I don't care where it is on your body, in your pocket, or in your purse, whatever. No one has the right to determine your intentions until you have actually followed through with the act. anything different is an attempt to prosecute a "thought crime".

These girls, if they had nothing on them, were illegally detained. They should file charges. At the very least they were criminally "profiled".

Originally posted by N. Tesla
check this one out.

i got arrested and sentenced to probation for sitting in a park and being a teenager.

yep thats about it. some idiot was smoking an illegal substance like 30 feet away from me and my friends but because im a teenager i got arrested and probation. i had nothing on me except a pack of cigarettes and a lighter and when i took a drug test i was clean


go freedom and justice

[edit on 07/17/2008 by N. Tesla]

Sounds like you had a terrible lawyer. Or, none at all? The courts would've provided one to you. And if there's nothing you're leaving out of your story, then even the most ineffective public defender could've gotten your acquittal. Then, you'd have owed nothing for his/her help.

Go laziness.

I tell you what, Wal-Mart can go to....ll.

They must be joking! There is nothing worth stealing in that joint. :shk:

I will be going to Wally World soon, and i think i'll bring a duffle bag with me, and pick a fight with a 3 year old.

They are promoting and doing business NWO style. Pretty soon the goofy secufity guy will be swapped for a strapping 6'5" tall NAZI like dude at the door with a semi and decked in black.

I bet. We're being indoctrinated people!!! At every turn, every opportunity!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!11

reply to post by dgtempe


I couldn't agree with you more, dg. Wal-Mart is the next generation of retailer, swallowing up entire communities and subjecting the residents to Wal-Mart's corporate vision of doing business.

I haven't bought anything at Wal-Mart in several years. They don't want my business.

reply to post by spacedoubt


First of all, it is illegal to conceal merchandise on your person inside a store if it does not belong to you. This is true in almost every state. Second of all, how can you say they were 'criminally profiled' when you have absolutely no facts? Sounds to me like one of the teens DID conceal something, but ditched it at the last minute. It doesn't excuse the LP, but making allegations of profiling with no facts is reaching.

[edit on 7-12-2008 by Raustin]

Once your friend had emptied her pockets and shown that she had not stolen anything she should have simply walked out.

The only way they could have stopped her from leaving would have been to physically restrain her, which would only add assault charges and possibly harrassment to the illegal detainment charges.

I've had my own run in with Wal-Mart. Leaving the store after purchasing a large boxed item (an Xbox 360 I think), as I'm walking thru the exit I hear one of their employees trying to get my attention.. and could I please stop a moment and show them the receipt for the item I have. Well, needless to say I wasn't in the mood, said "No.. I don't have time for your nonsense", and tried to continue on my merry way. At which point this idiot grabs me by the shoulder in an attempt to detain me. He says he needs to see the receipt for the item... I tell him to go pound sand, and that if he has evidence that I am shoplifting, by all means call a cop.. but that the next time he tries to lay a hand on me I'd consider it assault and press charges both against him and his employers... at which point I walked to my car...all the while this guy following and trying to convince me he had the right to detain me. I'm quite sure he wrote my license plate # down too as I pulled out.

Now I could have easily taken the time to show him the receipt.. I had it in my hand the whole time... but in no way did I feel compelled to, plus I'm contrary by nature so... he was getting no satisfaction from me.

I see them stop a lot of people when leaving... and I'm still the only one I know of that told them to get lost. And to this day Wal-Mart is still the only store I've seen that does this on a regular basis. Anyone else had this happen to them?

And was I within my rights to act as I did? Pretty sure I was, or I'd have spent some time at the local pokey as a guest of the county.

Originally posted by garayn


The Wal-Mart guy asked for her ID, but she refuses to carry ID, she says it creeps her out.

I got to that part and realized that this girl is not the wonderful person you think she is. What 17 year old doesn't carry their drivers license and what high school girl doesn't toss their school ID in their purse so they don't forget it.

Also like to ask the OP if the family consulted a lawyer to see about legal recourse? I'd certainly think about it at the very least.

Tell the family to sue Wal-mart for public humiliation.

I worked at target when I was a teen, and we had to be absolutely sure someone had shoplifted something before we could even approach them. If you saw someone take something, you would have to make sure they didn't put it back before they left. It was this way because they were worried about getting sued for public humiliation by stopping them in public.

The basic deal is that if you catch them with the items they can not sue. But if you stop them and accuse them of it and you turn out to be wrong, then they can sue the store for alot of cash(heard 50k mentioned back in the 90's). They would have rathered someone get away than to accuse someone wrongly. I never once saw anyone get stopped for shoplifting and this was in a big city.

I always hope someone stops me when I leave a store so I can sue them for it. Never happened though.



[edit on 7-12-2008 by badmedia]

Originally posted by ashamedamerican
Once your friend had emptied her pockets and shown that she had not stolen anything she should have simply walked out.

The only way they could have stopped her from leaving would have been to physically restrain her, which would only add assault charges and possibly harrassment to the illegal detainment charges.

She said she was physically restrained. She tried to walk out and Walmart employees blocked the doors and would not let her through.

Originally posted by scotty18

Originally posted by garayn


The Wal-Mart guy asked for her ID, but she refuses to carry ID, she says it creeps her out.

I got to that part and realized that this girl is not the wonderful person you think she is. What 17 year old doesn't carry their drivers license and what high school girl doesn't toss their school ID in their purse so they don't forget it.

That's coming close to jumping to conclusions now isn't it? She says she keeps her drivers license in the car along with her insurance information/registration. How would not carrying ID make her "not the wonderful person" I think she is? She has her faults, along with all of us, but not carrying ID is not a character fault.

Originally posted by Resinveins
Also like to ask the OP if the family consulted a lawyer to see about legal recourse? I'd certainly think about it at the very least.

She said her father is thinking about it.

You said she does not carry ID because it "creeps her out" sorry but that is someone who has something to hide. Especially at that age when a kid keeps their license on them at all times so they don't miss a chance to drive. That's sounds like a kid who is out getting into trouble and thinks not having ID on her will keep people from busting her.

[edit on 7-12-2008 by scotty18]

Originally posted by scotty18
You said she does not carry ID because it "creeps her out" sorry but that is someone who has something to hide.

What could she have to hide at 17 years old? Really? I don't carry ID with me every time I leave my home either, and I don't feel that I'm wrong in doing that.

Originally posted by garayn

Originally posted by scotty18
You said she does not carry ID because it "creeps her out" sorry but that is someone who has something to hide.

What could she have to hide at 17 years old? Really? I don't carry ID with me every time I leave my home either, and I don't feel that I'm wrong in doing that.

You know, you are right, what would a 17 year old have to hide. Silly me, I'm sorry.

Originally posted by scotty18

Originally posted by garayn

Originally posted by scotty18
You said she does not carry ID because it "creeps her out" sorry but that is someone who has something to hide.

What could she have to hide at 17 years old? Really? I don't carry ID with me every time I leave my home either, and I don't feel that I'm wrong in doing that.

You know, you are right, what would a 17 year old have to hide. Silly me, I'm sorry.

Oh my. This isn't the issue being discussed, anyway. :-/