Legal Question in Criminal Law in California

Is an arrest for theft or another crime justified if payment for a product consu

Is an arrest for theft or another crime justified if payment for a product consumed or service used is not accepted due to the vendor's policy?

What happens if the item sold or the service provided has been consumed or used resectively and can't be settled due to a non-disclosed policy of the vendor?

Examples:

1. A consumer wants to pay for the consumed food at a restaurant using a $100 bill and the restaurant has an unstated policy of NOT accepting $100 bills.

2. A consumer filled up his car at a gas station and the gas station attendant won�t accept credit cards without TWO identifications, even though this policy was not posted.

Is it lawful for the police to arrest the consumer if he/she

1. o�nly has $100 bills for settling the bill?

2. o�nly has o�nly o�ne identification and a valid credit card, and consequently can�t pay due to the �two I. D. policy� of the gas station?

In other words, will a consumer be arrested if he/she already consumed the product or used the service, and wants to pay for the merchandise/service, but does not agree with (or can�t meet) specific payment requirements of the vendor?


Asked on 1/03/04, 10:56 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Is an arrest for theft or another crime justified if payment for a product c

I find it highly unlikely anyone could be arrested as described. If you were, then an attorney should have little trouble getting it dismissed upon a showing of valid offer of payment. Arrest would also raise issues of 'false arrest' claims to be considered.

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Answered on 1/03/04, 3:19 pm


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