falsely accused of shoplifting

(State of Florida)

While shopping in a supermarket, I selected 2 cosmetic items totalling $6.57 and placed them in the front section of the shopping cart (where small children often sit). I placed them there because lipsticks fall through the holes in the main portion of the shopping cart. Later during the shopping trip, I rested my bag in that upper section. At checkout, I did not remove my bag from the cart, rather removed my wallet from the bag, and as such forgot to pay for those 2 items. Upon walking out of the store, I was detained. I explained that it was an oversight, and that I intended to pay. This explanation was not accepted and I was forced to sign a confession paper (although I crossed out the word "intent") and was photographed holding the items. I was not allowed a copy of any paperwork. When I complained, I was told the only alternative was to call the police who would take me away in handcuffs. I was tempted to tell them to call the police but did not want to do anything rash. I was also asked who my employer was; I refused to disclose that information and was told, "Don't worry we'll find out."

No criminal charges are being filed but my picture and personal information is now on file with the store and the security company, and I am not allowed back in that store. I am absolutely outraged and humiliated. I can't believe they have the right to photograph me (forcing me to hold the items as if I had stolen them) and not give me any opportunity to include my own statement in their records. I have no criminal record of any kind, not even a speeding ticket, I am 26 years old, a homeowner, and in good financial standing. I am considering consulting a lawyer to have these records expunged but am not sure what my rights are.

Should I pursue this or let it go? Thank you for your reply.

While at a grocery store last week, my husband noticed a guy with 10 very large packs of ground beef. He put 8 of them up on the counter to pay for and left 2 in the bottom of his basket. As the cashier passed them through the scanner and bagged them, she handed him plastic bags with 2 packs in each and he put them in his basket on top of the 2 packs of ground beef he had left in the basket. When he exited the store, he stood and looked around a while, playing with the plastic bags. He was waiting to see if anyone followed him to accuse him of stealing. Before you know it, those 2 packs of ground beef joined the other packs and he was on his way.

So, giving you the benefit of the doubt, what you inadvertently did happens frequently and with the intent to steal. You really can't blame the store. However, since you are now in a database for stealing, and you never know when this could come back to haunt you or how, you are right that you should consult an attorney.

If you could follow up on that buddy2bear...

If you did take that advice and consult an attorney, your goal shouldn't be to continue shopping there. But merely to clear your name... Or should it, buddy2bear? The store, whether it is Wal-Mart or Joe's Dollar Store, is private property, and they have the right to not allow certain people on that property. Thus, whether you stole, thought you stole, or just looked at the owner wrong, they have a right to not allow you there. Right?

(This is more of a question toward buddy2bear...)


A$$ Saver aka…
Disclaimer:
I hope this is tidbit of fiction is helpful. I am not an attorney. Do not perceive this as legal advice. You should consult an attorney to answer your questions. Do not rely on this advice. Forget you ever read it. You are not a client. I am not an attorney. This is merely babble in the wind. Never use the advice as reasoning in court