My daughter and a friend (both age 22) were shopping in an exclusive store in a beach town called Stone Harbor in New Jersey yesterday. We have a summer home in the next town and over the years we spend quite a bit of money in this particular store. After she purchased a $50.00 shirt in the store yesterday, she and her friend left and went to another clothing store on the same street. A police officer came into the store that they were shopping in and asked them to step outside which they did. He told them that they clerk in the 1st store (the one where my daughter made a purchase) was missing a very expensive pair of shorts from the rack and since they were the last ones to leave the store, she asked the police to check them for the missing merchandise. Is this legal?? This was totally humiliating to them, especially in front of other people. My daughter and her friend were wearing shorts and tank tops and carrying their tiny purses. The only bag that they had was the one that the clerk put the top in that she bought. They asked the cop where in the world they would be hiding the so called stolen shorts. My daughter even told the cop to take her car keys and check her car (he did not). She was livid by that point. Of course since he found no evidence of anything, so he did not detain them any longer, but did take their information. Can he do that and why would he? What recourse if any do they have against the store/police dept for this humiliation. Today I am having my daughter return the item that she bought and we will never purchase anything from them again. Ironically my daughter just graduated from college and will be attending law school this fall. Thank you for your advice.
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Shoplifting, Larceny, Robbery, Theft Falsely accused of theft
- Thread Starter donnas
- Start date
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seniorjudge
New Member
It is not illegal for cops to talk to people.
Thank you for your reply. So you are saying that is okay for a cop to make you leave a store that you are shopping in to question you when a sales clerk in another store can't find a pair of shorts or whatever because you were the last person shopping there and she assumes that you stole them. Pretty unbelievable. My daughter actually felt harrassed because she wasn't one of the so called 'wealthy' town people.
seniorjudge
New Member
Q: So you are saying that is okay for a cop to make you leave a store that you are shopping in to question you when a sales clerk in another store can't find a pair of shorts or whatever because you were the last person shopping there and she assumes that you stole them.
A: Yes.
A: Yes.
CdwJava
Moderator
The police are expected to investigate allegations of criminal activity. If the clerk believed they were missing some items, and your daughter was the last one seen in the store, it is reasonable to assume she was involved. The officer may certainly talk to anyone involved. Whether the officer could compel cooperation under threat of arrest is a different issue but apparently does not seem to be one here.donnas said:
Yes, it is legal for an officer to detain someone int he course of their investigation. By asking your daughter to leave the store, he affected a detention. He also may have saved her greater embarrassment by announcing she was suspected of theft while inside the store.
Had the officer NOT at least interviewed her and her friend, then the store owner would be complaining about the lack of follow-through by the police. Yeah, it's a thankless job but still we find people to do the job.
- Carl
seniorjudge
New Member
I am sorry your daughter got her feelings hurt.
At least she didn't have to go to the cop shop.:angel
CdwJava
Moderator
Well, playing the flip side, I have to point out that not finding the stolen items does NOT mean the clerk was mistaken. The clerk may have felt he or she was correct. A lack of proof of the crime does not equal factual innocence. While she may well have been mistaken, a lack of proof does not mean he or she was mistaken.donnas said:
- Carl
I would say that since my daughter did not have the so called stolen shorts on her person, then the clerk did indeed make a mistake. For all we know, she probably found the missing item in the dressing room or on the wrong rack later on. I don't even know how they would even know an item was missing that fast, unless they take inventory of the entire store every time someone walks out the door. Thanks for all of your responses. I appreciate it.
CdwJava
Moderator
That's an inference, but not a fact. If I robbed a bank and then dropped the money in a trash can before the police contacted me, it does not make me factually innocent of robbing the bank.donnas said:
I'm not saying she did it, only that the clerk can reasonably feel they were correct and that not being in possession of the goods does NOT equate to innocence.
Maybe. Maybe not. We'll likely never know if the items were ever located.
It depends on the store ... or the circumstances. Perhaps the clerk saw her take the items into the back and then come out without them, and they weren't in the dressing room - who knows?
In any event, your family can always make a complaint to the store management or refuse to shop there again if you feel she was accused unfairly.
- Carl
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