Legal Question in Criminal Law in California

Entrapment by merchant / petty theft

(*note* Store policy requires a cashier to scan a product's bar-code for proper pricing regardless of the presence or absence of a sales order or price sticker.

I replaced the price sticker on one item with the sticker from another (very stupid, I was really only fooling around), I knew that I would l be charged the item's correct price by it's bar code.

At check-out, the cashier did not scan the items, but charged directly from the order sheet. A security officer stood with the cashier throughout the transaction, chatting casually with me.

The security officer still talking, with me escorted me to the exit.

At the exit doors, a store employee at a podium is required to inspect all exiting customers purchases, to verify their receipt against the items, and mark the receipt with a felt pen.

As I started to hand my receipt over for inspection, the security guard told me "you don't need to do that, you're clear to go".

As I walked out of the doors, I was arrested for petty theft.

What can I do?


Asked on 4/20/99, 2:57 pm

1 Answer from Attorneys
Larry Bruce Larry B. Bruce Attorney At Law

Re: Entrapment by merchant / petty theft

Your rendition of facts leads to many questions.

If you believed that the swap of the tags really had

no effect, then there would be no earthly reason

for you to have done so. Mind you, the previous is

merely the prosecution viewpoint I have to anticipate,

See the problem.

More facts are necessary to evaluate this situation,

What you have revealed seems pretty one sided to me.

Sorry if you expected someone to automatically

take your side, but I don't believe in B.S.ing

clients.

I wasn't clear, did the checker use the bar code

or the tags to make the total. Obviously if it was

bar code, no crime was committed.

Larry Bruce

Larry B. Bruce Attorney At Law

10532 Acacia St. Suite B-11


Read more
Answered on 4/21/99, 1:30 am


Related Questions & Answers

More Criminal Law questions and answers in California