Falsely accused, detained & searched for shoplifting

[mmyers]

Utah

Hi all,
I was at a local Grocery store, (One I shop at daily, I live in the neighborhood) with a backpack on my back, looking at items for my twin babies, Not finding anything I wanted to purchase I left the store. A man approached me as I unlocked my Mountain bike and Identified himself as store security, He informed me that he witnessed me placing items in my cart and wanted me to take him inside and show him where I put them as I did not pay for them. I told him he was wrong, I did not place anything in my cart, his partner approached at this time and they insisted I go back insifde with them and show them where I put the items I took. which I complied with. We went through the store where people I know shop which was totally embarrassing. I didn't know what to show him as I did not put anything anywhere else in the store They took me into the office and the one man told me to interlace my fingers on top of my head, I said I will not.. He commanded me to do so and Identified himself as a Police officer and was working there part time, I did as instructed, He placed his hand over my fingers and said on the streets when someone gives him a hard time he squeezes harder, as he said that he tightened his grip on my fingers. he removed personal items from my pockets searched my backpack and frisked me completely. He told me he would stop me and search me every time I came there with a backpack. Not finding any stolen items I asked if we were finished, he replied Yes get the hell out of my store.. I want to know my legal rights on this matter.. Any help would be greatly appreciated.. I am totally humiliated, and feel as though my rights were trampled on..

 

[deballover]

unarrested in california

a friend of mine was arrested, and booked into county jail. about two hours later they were released and told they were "unarrested" have you ever heard this term and what does it mean in reality?

 

[Vincent Cosent]

To deballover

Your post is in the wrong place.To answer your question.
If a sheriff arrests and jails a person without any probable cause or reasonable basis, he has commited false arrest.So it depends on what your friend was arrested for.

 

[Vincent Cosent]

MMYERS

Only the court can decide if a search is unlawfull.Exploratory searches made merely on a baseless hunch would be unreasonable.Unless you have vast financial resources I would not recommend going to court.The choice is yours however.
I do have some suggestions though. People dont go to grocery stores very often to just look at food without buying so I would wait untill I was ready to actually purchase food to visit that store or shop elsewhere.

 

[Mikedani]

Deballover,
Yes, you can be unarrested. This is the section out of the Ca penal code so you can read it for yourself.


849. (a) When an arrest is made without a warrant by a peace
officer or private person, the person arrested, if not otherwise
released, shall, without unnecessary delay, be taken before the
nearest or most accessible magistrate in the county in which the
offense is triable, and a complaint stating the charge against the
arrested person shall be laid before such magistrate.
(b) Any peace officer may release from custody, instead of taking
such person before a magistrate, any person arrested without a
warrant whenever:
(1) He or she is satisfied that there are insufficient grounds for
making a criminal complaint against the person arrested.
(2) The person arrested was arrested for intoxication only, and no
further proceedings are desirable.
(3) The person was arrested only for being under the influence of
a controlled substance or drug and such person is delivered to a
facility or hospital for treatment and no further proceedings are
desirable.
(c) Any record of arrest of a person released pursuant to
paragraphs (1) and (3) of subdivision (b) shall include a record of
release. Thereafter, such arrest shall not be deemed an arrest, but
a detention only.

 

[Vincent Cosent]

Never heard the term

but it means your free to go Joe.

 

[Quest GoD]

I would like to know if the Lady was under any legal requirement to do anything the security guards asked (demanded) her to do ? I am interested , i would be entirely outraged to be accused in public,and refuse to even aknowledge them and continue on my way. Upon arriving at home i would certainly contact the manager of the Store with my disgust. I may be one of the few that often just look around and wander then leave the grocery store (and other stores) without purchasing a thing. Could you clarify this plz?

Quest GoD

 

[Vincent Cosent]

Anything reasonable!!

And if the guard shows proof that he is a police officer thats even more reason to cooperate as long as its reasonable.Not a strip search.She also could have told them they should apologize for falsely accusing her.It is ok to look around and wander in stores but that will sometimes arouse suspicion in security and they will probably watch you.