Nettiegirl7777
New Member
Hi everybody... Well... Here's the deal... I was shopping at a local store... needed to go to the restroom (emerg) and without realizing it, I walked into the bathroom with merchandise in hand... I went ahead and used the facilities, but while in the process, security entered the bathroom and demanded I open the stall door. As this was not possible at that exact moment, security then forcibly kicked in the stall door. The merchandise was on the floor beside me. The security officer then arrested me and contacted the police, who then cited me for shoplifting. The arresting officer inquired of the security guard as to whether there was a notice outside the bathroom door regarding the taking of merch. into the restroom. The security guard told him "he believed so" in any case, there was no notice of any kind. I've looked up the shoplifting statutes in my state and there appears to be no general "concealment" law, as in some states, where it is assumed the crime is committed upon concealment (taking the item into the bathroom would be as much I suppose) Obviously I never made any effort to either exit the store, or hide the merchandise. Also NV law provides for immunity from civil lawsuits NRS 597.850 but only IF the merchant has a notice posted in compliance with 597.850. Anyway, there is no notice anywhere in the store... Ok... Here are my questions..
1. Am I guilty according to law? 2. Can I sue for wrongful arrest? Is it legal for the store security to just break down a bathroom stall door? They can't even install security cameras in a bathroom for privacy reasons. So how can they go around kicking in stall doors.. Obviously a violation of my privacy? Surely anyone can see that all security needed to do was wait for me to exit the bathroom and THEN confirm or dismiss their "suspicions" 3. I went to my initial arraingment, where a court date (bench trial) was set for April. I asked for a public defender but was told that due to this being a misdemeanor case one would not be appointed and that I would have to manage my own defense or hire a private attorney. ($1000.00 is what i've been quoted, is that high?) I also inquired as to the viability of a civil suit and was told that as I was merely cited and released that my damages would be nominal at best, and also that I would have to prove that the store security acted in "bad faith" 4. finally, security told the officer that they had video footage. How can I gain access to this? Do I have to do that BEFORE my 'bench trial'? What do I need to do to get "discovery"... Thanks for your help...
Scared skirtless in Nevada....
Nettiegirl
1. Am I guilty according to law? 2. Can I sue for wrongful arrest? Is it legal for the store security to just break down a bathroom stall door? They can't even install security cameras in a bathroom for privacy reasons. So how can they go around kicking in stall doors.. Obviously a violation of my privacy? Surely anyone can see that all security needed to do was wait for me to exit the bathroom and THEN confirm or dismiss their "suspicions" 3. I went to my initial arraingment, where a court date (bench trial) was set for April. I asked for a public defender but was told that due to this being a misdemeanor case one would not be appointed and that I would have to manage my own defense or hire a private attorney. ($1000.00 is what i've been quoted, is that high?) I also inquired as to the viability of a civil suit and was told that as I was merely cited and released that my damages would be nominal at best, and also that I would have to prove that the store security acted in "bad faith" 4. finally, security told the officer that they had video footage. How can I gain access to this? Do I have to do that BEFORE my 'bench trial'? What do I need to do to get "discovery"... Thanks for your help...
Scared skirtless in Nevada....
Nettiegirl
