Home Depot Is Accused of Shaking Down Suspected Shoplifters

[radcen]

I wouldn't even do that. Store security has no actual legal power to hold you, they can perform a citizen's arrest, but you have to agree to abide by it, you're not legally bound to do so, you can just ignore them and walk away and if they touch you, you can sue them for assault. Most consumers don't realize how little power retailers actually have. Retailers have to have actual evidence, either video or an eyewitness to your theft, otherwise they can do nothing. You don't have to stop for the idiots at the door checking your receipt (with the exception of membership stores that can revoke your membership if you don't, but can take no other action) or for the stupid security alarms that go off. The courts have already ruled that these are insufficient reasons to accost someone. I never stop for any of it. There was this one Walmart years ago that I used to have to go to for work supplies and they had these shrill old ladies that would literally chase you into the parking lot screaming "SIR! I HAVE TO CHECK YOUR RECEIPT!" Walmart has lost lawsuit after lawsuit over things like this.

In short, just ignore them. If you haven't stolen anything, walk away, there's nothing they can do. If they have actual evidence that you did, let them send the police. Otherwise, it's all hot air.

Correct, they have no legal authority whatsoever to detain you.

 

[Moot]

Looks like the cashier forgot to scan the gloves to me. It's the cashier's job to scan every single item, they probably ought to fire the cashier in this case.

The gloves were not in the cart for the cashier to scan. Chen admitted as much when he said he threw the gloves in the cart "after all the items had been scanned."

 

[joko104]

What struck me is Home Depot handcuffing one of them. What authority did they have to do so? That of itself seems the basis for a lawsuit - and for that matter arrest of whoever did handcuff him.

 

[joko104]

Just yesterday when unloading we saw a small roll of Teflon tape in the basket the clerk had not rung up. I walked back in the store and laid it inside the door, not willing to stand in line again for the 1 item as it was just a backup grab item. I suppose they could have claimed I shoplifted it, when in fact it was a failure of the clerk.

IF the incident happened as the person claims, he had an excellent lawsuit on numerous fronts. A company employee fails to do his/her job in checking them out - for which HE is detained, handcuffed and then receives numerous demands and threats not only when he had not stolen anything, but when it was the failure and fault of Home Depot from the start.

 

[lawboy]

I wouldn't even do that. Store security has no actual legal power to hold you, they can perform a citizen's arrest, but you have to agree to abide by it, you're not legally bound to do so, you can just ignore them and walk away and if they touch you, you can sue them for assault. Most consumers don't realize how little power retailers actually have. Retailers have to have actual evidence, either video or an eyewitness to your theft, otherwise they can do nothing.

Are you talking specifically about that state?

In Ohio shopkeepers laws give them a right to detain when they have probable cause to believe merchandise was taken.

"Have to agree to a citizens arrest", you say!! Huh!!


2935.041 Detention and arrest of shoplifters - detention of persons in library, museum, or archival institution.


(A) A merchant, or an employee or agent of a merchant, who has probable cause to believe that items offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (C) of this section, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.

 

[Cephus]

Are you talking specifically about that state?

In Ohio shopkeepers laws give them a right to detain when they have probable cause to believe merchandise was taken.

"Have to agree to a citizens arrest", you say!! Huh!!


2935.041 Detention and arrest of shoplifters - detention of persons in library, museum, or archival institution.


(A) A merchant, or an employee or agent of a merchant, who has probable cause to believe that items offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (C) of this section, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.

They can tell you that you are under citizens arrest but they have no power to actually stop you. The second they lay a hand on you, they open themselves up to an assault charge. All of the above is predicated on you agreeing to go with them. If you do not, it's unlawful detainment. Most people don't realize that but it's the case.

 

[lawboy]

They can tell you that you are under citizens arrest but they have no power to actually stop you. The second they lay a hand on you, they open themselves up to an assault charge. All of the above is predicated on you agreeing to go with them. If you do not, it's unlawful detainment. Most people don't realize that but it's the case.

No, that's not the case. In Ohio a private citizen can only arrest for a FELONY. The shoplifter law permits detention, not arrest, to witl

"detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity."

They can escort, lay hands upon, such person, in a reasonable manner to effect the detention.

 

[Blue_State]

Common sense is not prevailing here. The whole thing could have been easily solved without the use of a law firm.