Takedown procedure for shoplifting

[jdawg757]

In California I was exiting a Walmart with stolen goods and surrounded by 3 or 4 security personnel. I'm a broke college student and not proud of that fact. They told me they just wanted their merchandise while saying and asking various questions at once. Suddenly as I was saying ok, "I'll give you the merchandise," one person shouts, "he's not cooperating." I was struck from behind and got wrestled to the ground by all of them, I broke my finger and recieved various scrapes and cuts. I never physically threatened them and I had my hands in the air which can be seen if the survellience tapes were acquired. Do I have any legal remedy I can seek or was this takedown 100% legal?

 

[dmalone]

You are asking two questions:

Was it legal to take you down for shoplifting: YES!!! YES!!! YES!!! YES!!!

Was the method in which they took you down legal? Maybe, Maybe not. If you are telling us the truth and you were 'struck from behind', then that could be considered assault. My first suggestion is for you to try and get a copy of the videotape from the Wal Mart documenting your seizure. If the video does indeed show you being struck from behind for no reason, then you could possibly file assault charges against the individual who hit you as well as Wal Mart.

If you are really telling us the truth and you were struck from behind without provocation, the get an attorny immediately!!!

 

[jdawg757]

I'm going to go back to the store and view my takedown on tape, if my recollection is correct then I guess I'm going to get a lawyer. Thank you for the feedback.

 

[BelizeBreeze]

You are asking two questions:

Was it legal to take you down for shoplifting: YES!!! YES!!! YES!!! YES!!!

Was the method in which they took you down legal? Maybe, Maybe not. If you are telling us the truth and you were 'struck from behind', then that could be considered assault. My first suggestion is for you to try and get a copy of the videotape from the Wal Mart documenting your seizure. If the video does indeed show you being struck from behind for no reason, then you could possibly file assault charges against the individual who hit you as well as Wal Mart.

If you are really telling us the truth and you were struck from behind without provocation, the get an attorny immediately!!!

Did you take an idiot pill this morning or are you just spewing this crap because you're overloaded with bile?

First off JDawg, Wal-Mart won't let you near the security tape. It's private property and you're lucky if they even let you in the store. Nothing illegal about that. You're a thief and they have every legal right to bar you from all of their stores.

Second, based solely on your post, you MAY have cause for action against the store. And I use the term 'MAY' very loosely since we don't know several facts regarding the situation.

The ONLY valid advice that can be offered at this time is to consult an attorney in your area and be truthful. You may or may not have a cause of action but basing that on an internet forum is irresponsible at the least.