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illegal arrest?

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afgranda

Guest
Recently I was arrested for supposly shoplifting in Home Depot (Miami, Florida) because in my shopping cart(lower level) was found a $5 dollar piece of wire which didn't was listed in my receive ticket (of course I hadn't put on it). The guy who arrested me was not dressed on any kind of police or security uniform and never identified himself even in spite of my requesting. Do you think I should hire a lawyer and demmand the dissmising of the case? or instead, take an "Advocate Programm" with option to seal the case?. I had never been arrested before.
 
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JETX

Senior Member
"The guy who arrested me was not dressed on any kind of police or security uniform and never identified himself even in spite of my requesting."
There is no requirement that instore security be uniformed.

"Do you think I should hire a lawyer a demmand the dissmising of the case?"
Depends. If you are guilty, then a lawyer won't do much for this misdemeanor charge. If you intend on defending yourself against the charge, then you will need to spend the bucks on an attorney.

"or take an "Advocate Programm" with option to seal the case?."
Again, depends on your intent of guilt or innocence.
 
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afgranda

Guest
illegal arrest? follow-up

Thanks a lot for your reply. Of course I know that there are undercovers securities in any big store but my main question if they shall; by law, here in Florida or any other state; identified themselves when arresting someone or when requested by the arrested one. If not how I know that that person who arrested me had an authorization to do so?
 

JETX

Senior Member
Your post asks, "If not how I know that that person who arrested me had an authorization to do so?"

Usually, because he will grab your arm and drag you screaming and hollering back into the store to a small room in the back.... where he may ask you some questions and then detain you for the police.

You are trying to play games here and I refuse to play. Your post is clear. You were detained for alleged shoplifting. You clearly have experience in this area because you mentioned the 'Advocate Program' (that is not something that someone without ANY experience would know about). You are now apparently trying to find some 'loophole' in the security officers apparent refusal to identify himself. We don't know if you were simply asking him if he was 'security', or if he did in fact identify himself as 'store security' or if you were trying to get his full name, address and phone number. In any case, you were 'pinched' and now have to suffer the consequences.

Personally, I feel that if you were truly innocent, you would be concerned about the legal ramifications of this.... and you're not. You are too worried about 'loopholes'.

For more information, go to:
http://www.floridasafety.org/bmshoplifting.html

Oh, and while we are here.. you might find it interesting that some states (I don't know if Florida is one of them) allow the merchant to recover their costs of security from the alleged shoplifter. So, if FL is one, then you could get a real nice letter from Home Depot asking you to send them a check to cover their costs.
 

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