Shoplifting, Larceny, Robbery, Theft False Theft / Arrest ???

[23122314]

My jurisdiction is: Iowa / Dubuque County

Last night I went to a major department store with a friend. I went my way, he went his.

I purchased a shirt. He allegedly stole something. My friend left the store 5 minutes or so before I did as I was in the store making my purchase.

The store manager called the police. The police came, put me in a squad, my friend in another. The store manager told the police I stole a shirt, I took a bag and placed the shirt in the bag. The police asked me, I told them I purchased a shirt and the cashier put it in a bag. The police looked inside my bag and there was the shirt along with a CASH RECEIPT!

They were then asking me questions about my friend. I did not know my friend stole something or if he did and I told the police that. Well, that wasn't good enough.

After an hour of being interrogated in the back of a squad car, I was told I was being placed under arrest for 4th degree theft. The police then drove not even 5 blocks to transport me to the local jail when a call came across his radio asking to bring me back to the department store. The officer drove back, got out of the car, talked to loss prevention and then released me with no charges.

The store manager then banned me from the store and I was told I would be arrested for criminal trespass if I came near the store.

I did absolutely nothing wrong. I went to the store, I made a purchase, I left.

 

[jacksgal]

What is your question? Can they ban you? Yes they can. I would urge you though to contact the stores corporate office and complain.

 

[23122314]

My question would be:
1. Can they accuse me of theft when I stole nothing?
2. Can they arrest me for 4th degree theft an change their mind 5 minutes later?
3. Can they lie to the police saying I took a bag and put a shirt inside when I am clearly on tape paying for the item and the cashier bags it and puts the receipt inside?
4. Can they do all this to a cash paying customer who broke no laws, stole nothing & get away with it?

 

[jacksgal]

My question would be:
1. Can they accuse me of theft when I stole nothing?
Yes and they did just that
2. Can they arrest me for 4th degree theft an change their mind 5 minutes later?
Yes and they did
3. Can they lie to the police saying I took a bag and put a shirt inside when I am clearly on tape paying for the item and the cashier bags it and puts the receipt inside?
We dont know what was a lie and what was a mistake
4. Can they do all this to a cash paying customer who broke no laws, stole nothing & get away with it?
Get away with it? I told you complain to corporate office and you could talk to an Attorney although thats extreme

 

[raskalnikov]

I think you should talk to an attorney over the issue of "false arrest." It wouldn't hurt. . .

 

[CdwJava]

My question would be:
1. Can they accuse me of theft when I stole nothing?

Anyone can accuse anyone else of most anything ... what they do with the accusation is the issue.

2. Can they arrest me for 4th degree theft an change their mind 5 minutes later?

An arrest is based upon probable cause. if the police officer(s) making the arrest had probable cause to believe you had committed the crime of theft (not a very high burden to meet) then they can make the arrest. And, yes, upon further investigation, you CAN be released. Apparently that is what happened. If they could not release you after an arrest was made, they would not have released you and you would have been booked in to jail.

3. Can they lie to the police saying I took a bag and put a shirt inside when I am clearly on tape paying for the item and the cashier bags it and puts the receipt inside?

If someone lied, then you might have a cause for action against the person who lied. However, being in error is not a lie. I would think that someone reviewed a tape or talked to the clerk and got the issue clarified, hence the reason you were brought back to the store and released.

4. Can they do all this to a cash paying customer who broke no laws, stole nothing & get away with it?

Yes. They can ban you from the store for most any reason they choose to.

Also, given the fact that you were driven a few blocks and then returned, no false arrest claim is likely to stick. Unless you can show that someone knowingly lied, or the police made an arrest knowing they lacked sufficient probable cause to do so, there will not be good grounds for a suit ... and, even if ou could show or infer that these things MIGHT have happened, I doubt you would get an attorney to take the matter without cash up front since the damages are about nil and the chance of an award is anything but certain.

Perhaps you should lay into your stupid friend!

- Carl