Legal Question in Criminal Law in California

citizen's arrest

grocery store securtiy takes

customer to room and interrogates

her for 2 hrs.

When she tries to explain he

screams in her face '' you say this

item taken was unintentional you go

straight to jail! She is constantly

threatened with going to jail if she

doesn't give them the answers they

want. She finally gives in( after over

2 hrs of accusing,belittleing and

harrasment, and says what they

want so they will just let her go....but

they have her arrested anyway,(as

now they have a (false) confession.

Are these tactics legal? She was not

allowed to leave,was never

mirandized,and they went thru her

entire purse.

Are these tactics legal? We did finally

get our confession!


Asked on 11/11/08, 6:02 am

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: citizen's arrest

Unfortunately, the store probably can get away with the tactics. However, given the facts, the "confession" is now tainted and could be attacked in court.

Conviction for theft, even petty one, can have serious repercussions on person's record and future ability to obtain a job. Your friend/customer should get a good lawyer.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 11/11/08, 1:48 pm
Terry A. Nelson Nelson & Lawless

Re: citizen's arrest

"lEGAL?" isn't the right question, and my answer doesn't do you any good either way. Hire an attorney to try to fight the entry of the confession.

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Answered on 11/11/08, 2:00 pm


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