Legal Question in Consumer Law in California

I was stopped by 2 men stating they were security at a department store I had just left. They showed me no id. They told me they had me on camera taking a box of perfume into the dressing room, and then placing an empty box back on the shelf after exiting the dressing room. I did have the perfume, took it into the dressing room while I tried on a jacket. I decided I wanted the jacket more than the perfume, so I put it back on the shelf. I have no idea if the box was empty. At no point did they ask me to step back inside the store. After they approached me, I immediately tried to hand them my bag to inspect. They didn't take it. I then tried to give them my purse to inspect, but again, they didn't want to look in it. I was wearing form fitting clothing, which I pointed out proving I couldn't have been hiding it on my person. They just kept shouting at me, "where's the perfume ma'am?" they didn't say anything about calling the police and weren't interested in searching my bags, so I just walked to my car. At first they did not follow. After getting into my car & lighting a cigarette, 1 of the guys knocked on my passenger window. I rolled it down. He told me, " I'm trying to be cool with you, but just tell me where the perfume is". I replied that I didn't know what to tell him and I'd done everything I could to prove by offering for him to inspect my bag and purse. I told him I was leaving and he said," I have your license plate and we have you on tape, we'll be at your house within 3 days". Do I have anything to worry about? Should I go speak to the store manager? The police?


Asked on 10/15/10, 11:49 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Whether they come by to bother you again depends more on their personality than the facts of the case. If it is a store that you are likely to go to again, they will try to follow you around when you go there again. As a matter of safety and conservative behavior, I would personally go to the store manager [arrange to meet him off the premises of the store or the store security may try to detain you; meet in some quiet shop next door, unless the store owns the entire complex] and explain what happened. But do not be evasive--directly state that you did not steal any perfume. Ask if the security did not overstep their bounds and what the store intends upon doing, including apologizing to you.

If you can find the same container of perfume in another store, see ilf you can tell the difference between the box being empty or having the perfume inside. If you can, see if you can quickly go back to the other store and check to see if they leave the perfume in the box or not [I suspect they do leave it in].

If the manager is not willing to admit any error, ask to see the video tape and see if it is possible for the security guard to see which bos you returned.

If they were serious about reporting you to the police they would have already done so. Do not involve the police; if nothing was reported to them, there is nothing they can do.

[not proof read]

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Answered on 10/22/10, 10:17 am


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