my wife was acussed of stealing

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ram_man

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My wife went to our loacal dollar general to get a few house hold things.
and the girl working there called the cops on her for stealing. They come and pat her down and all there stuff and after not finding anything they say oops sorry. Is that really the world we live in where you have to prove yourself innocent?
 
Something similar happened to me recently, except they checked security tapes and saw they were wrong. They gave me $25 for the trouble! More and more you have to prove yourself innocent.

John
 
Usually they wait for a perp to exit the store. If they did that in the store, its pretty stupid. I'd request a copy of the police report, you might have a case. I understand controlling losses but i also believe you better be darn sure before defaming someones character like that.
 
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Was she arrested? Was she read her rights?

The Police had probable cause to detain her based on the call from the store. However, if she had not exited the store then it would be impossible for her to be charged with theft. If they didn't arrest her and read her rights then they had no cause to search her since their lives would not be in danger based on the fact that no one claimed she had any weapons.

You probably have a case of unlawful detention/search and seizure and violation of her constitutional rights. If you are angry and want to teach the store and police a lesson. You probably have a case to seek emotional and punitive damages against the city and store.
 
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No they let her go after realizing they were wrong. They did it right in the middle of the store to embarass her to.
 
Originally Posted By: ram_man
No they let her go after realizing they were wrong. They did it right in the middle of the store to embarass her to.


See my edit. I would sue them off the planet.
 
Wow, I am no lawyer, but you might want to see one, as it sounds like you may have a case of some sort against either the store or the cops or both!
Or maybe more trouble and hassle than it is worth, which is what "they" count on.
 
It is unclear how one can steal anything while still in the store; Perhaps they believed she made an attempt to conceal an item, but as others have noted that is very shakey ground.

Older members might remember the debacle of member Cicero, when he refused to show the Walmart "have a nice day'er" his receipt and the ensuing altercation. All it takes is one person exercising poor judgement, customer or employee, to make a bad situation.
 
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Well the cop asked if he could search her and told her if she refused she would have to go to the station so she said yes of course she was scared. There would be no way in [censored] I would have said yes. But they scared her into it basically.
 
Originally Posted By: ram_man
Well the cop asked if he could search her and told her if she refused she would have to go to the station so she said yes of course she was scared. There would be no way in [censored] I would have said yes. But they scared her into it basically.


Based on that I would definitely sue.
 
My wife and I were at Ross. I found a desiccated orange on one of the shelves. I attempted to point it out to my wife.
"Hey baby, you want an orange?"
She ignores me looking for that....I don't know, pair of Manolo Blahnik (spelling???) pumps for $29.99 that is never going to be there.
"No, you should really have an orange."
She finally looks up from her search to see what I am babbling about, sees the dried husk of what once was an orange and starts to giggle. That of course makes me laugh.
The loss prevention guy comes over and frisks me.
I should have called the police and pressed charges against him for sexual assault.
The manager just rolled her eyes at me and bobbled her head back and forth about people stealing.

I have never returned to that [censored]-poor ghetto establishment.
 
The officer attempted to make the search consensual by threatening arrest which in itself is coercion. Clearly a violation of your wife's 4th amendment rights.
 
Ive never used a lawyer especially for anything like this. But what should I even be looking for?
 
Originally Posted By: Spazdog
My wife and I were at Ross. I found a desiccated orange on one of the shelves. I attempted to point it out to my wife.
"Hey baby, you want an orange?"
She ignores me looking for that....I don't know, pair of Manolo Blahnik (spelling???) pumps for $29.99 that is never going to be there.
"No, you should really have an orange."
She finally looks up from her search to see what I am babbling about, sees the dried husk of what once was an orange and starts to giggle. That of course makes me laugh.
The loss prevention guy comes over and frisks me.
I should have called the police and pressed charges against him for sexual assault.
The manager just rolled her eyes at me and bobbled her head back and forth about people stealing.

I have never returned to that [censored]-poor ghetto establishment.


Ross is GHETTO to the max!! Man I would`ve knocked that loser out as soon as he laid a hand on me.
 
Originally Posted By: Doog
Originally Posted By: ram_man
Well the cop asked if he could search her and told her if she refused she would have to go to the station so she said yes of course she was scared. There would be no way in [censored] I would have said yes. But they scared her into it basically.


Based on that I would definitely sue.

For sure, sue. Lawyers have boat payments too.
 
Based on fact that she did not exit the store, that they coerced her into consenting, and they searched her in the public view, not in a back office, i would get a police report and consult a lawyer. The store probably cannot prove who was there, who witnessed it and therefore her character was defamed in public in front of anyone who could have been there. Not to mention unreasonable search/ probable cause.
 
Contact a lawyer you may be entitled to company profits.Do that to my wife and there will be repercussions of some sort.One of my friends worked loss prevention-There is no theft until the store is exited.

The cops are more or less an innocent party in this.But the staff at Dollar General are not and have just put the company in a bad situation.They need to be taught a lesson.Esp since they attempted to embarrass your wife by conducting this business in the public area.....hmmm .Now that I think about it the cops may not be entirely blameless.But consult a lawyer.

Do you belong to Legal Shield?That would be a free consult right there.
Good luck!
 
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