Retail Theft Detention Question

[nacorbier]

I understand this is a civil matter, or at least that's what the responding police officer advised me of. However, still, I'm wondering folks take on this. I have no problem with the police response in this matter, since I know how hard "he said, she said" stuff is. This is more a "is this legal for this person to do this?"

I was sitting with my girlfriend in a McDonalds that is inside a convience store, here in fine Kenosha. The McDonalds is "McDonalds Corporate Property" according to McDonalds Regional.

The owner of the convience store, and a large - muscular - and angy looking employee surrounded our table. Due to the seperating wall on my right, I was completely blocked in. The owner of the store accused my girlfriend of retail theft. "A week ago, you took an item off that shelf. We don't know what it was, but you took it. We had the police out here for it. We have video to prove you took it. What did you take?" was the conversation.

I was unable to leave, and felt that my freedom was restricted. They didn't address me, but when I attempted to push my seat back - the guy on my side pushed against my seat. At that time, I was afraid to "force" my way up, because I didn't know who these guys really were - and what they'd do to my girlfriend.

After she told them numerous times, in full public view, that she took nothing, they told her that she's going to watch the video. My take on this was that they're going to call the police - and then things will be sorted out. After a few minutes, the angry looking person informed me that I'm never allowed on McDonalds property, or the convience store's property. Store property? Fine, nothing illegal in denying people access for no reason. McDonalds property? Corporate is getting back to me on the convience store's authority on Corporate property.

But, the thing that got me going was that they took my girlfriend in the back room, showed a video of her from the shoulders up, and demanded to know what she took. She repeatedly told them "nothing," and then they demanded money, "about 10 bucks should cover this." She only has a 20 dollar bill, which they took and then threw her out of the store.

Where I'm from, that's not a proper detention (off property, physical intimidation, failure to summon law enforcement upon detention, and failure to determine an item was stolen.) I, of course, believe my girlfriend did not take anything. I've tried to approach this from a "work mindset," but each time I do - the facts these folks gave don't add up.

The responding police officer (I called dispatch when we got home to see if this was criminal or civil, they suggested an officer respond to figure it out) noted that it was a civil matter. Especially since we had no evidence to show that we were detained and that they demanded money from her.

So, I have to ask, what do you think this was, and if you were sitting there, what would you have done? I am irked at myself that I didn't call the police immediately after they took her myself. I am used to Florida law, which states that when you detain someone, you must summon law enforcement immediately. I assumed, and I am only lucky that they didn't do anything else to her - they closed the door to the back room.

[irishlad2nv]

I am not sure of Wisconsin law, however if they were Loss Prevention for the store, etc. Then yes they had the right to talk to your g/f. Also they had the right to interview her, etc. Now taking the money, no thats something you may want to address, however your G/F should have never taken the money out to give to them.

Yes you should have called the Police Immediately. Not sure what your background is, but even someone not in LE would have called the Police, unless she really did steal and in the case that she took money out to pay for the "suspected" item, well to me she is guilty.

I would still contact the proper management, etc to see what they are going to do. It is a civil matter and if they were Loss Prevention for the store, then they do not have to call the Police. Most Store Detectives when interviewing store employees, do the interview, get what they want from them, fire them and the company will seek restitution or contact the authorities. Sometimes they call Police, sometimes they just contact the States Attorney.

Good luck with whatever occurs.

[L-1]

Assuming everything you say is 100% correct, there is nothing that's been left out, and no one contradicts your version, the store employees would be in trouble big time in California. Arrests for misdemeanors (theft under $400) without a warrant must be contemporaneous in time and place to the violation. Trying to detain someone a week later would constitute False Imprisonment, which is a felony. Ditto as far as preventing you from leaving.

If the $20 was involuntarily taken from your g/f we would also looking at strongarm robbery.

Depending on how egregious the conduct of store personnel, they might even get arrested on kidnapping for the purposes of robbery. However in reality, the charges would be dropped considerably by the time it got to court.

[Badgerland]

My department deals with a lot of retail thefts. No, loss prevention does not have to summon law enforcement on every detention. As a matter of fact, I wished they would NOT call us on half of the stuff they do. Don't waste my time with a 99 cent bottle of water or a $2.99 tube of lipstick. Go the civil restituition route, and kick them free.

If the store had more than just the video tape evidence, I don't see a problem with the detention. Loss prevention or store management obviously recognized your girlfriend and have been waiting for her to return to the store. When they came in, they made the stop. We have similiar things happen all the time. For one reason or another, LP cannot make the stop right away, so they watch and wait for the suspect to return.

My issue is the extortion of the $20. The convienence store should have policy how to go about the civil restitution. "$10 should cover this" is not the way to do it. Also, the store had no proof that your GF took anything. If I were the responding officer to the initial call and the video tape evidence is all the store had, there would be no way I'd issue a citation. In order for me to issue a cite, I need to see selection, concealment, and then passing the last point of purchase. (Wisconsin changed their retail theft law a year back requiring only concealment to constitute retail theft, but I still prefer to see passing the last point of purchase.) Plus I need to know what was taken. "She took something" won't fly.

My opinion. If all they had to go on was the video tape, it was a bad stop. I'd think about getting a lawyer to go after them. Good luck.

[nacorbier]

Yeah. That was the whole thing about it, Badgerland. They didn't summon law enforcement to the scene, which is what I thought they would do. Instead, they attempted extortion.

I've done retail loss prevention in Florida, where "she took something" would get you thrown in jail yourself for unlawful detention. But, where I'm from, if you detain - you had best call the police immediately.

The officer who responded to our call for police noted it was a civil matter between us and the store, and did not wish to contact the owner of the store who initiated the stop to investigate the extortion.

Thanks for the good luck. Honestly, I think my GF has never been in a position where seemingly lawful authority has put pressure on her before, and she gave them money to make them stop yelling at her and let her go. She was also afraid that the police would believe them over her. Still trying to explain to her how the police do retail theft investigations. "She took something" dosen't fly. Anywhere, that I know of.