Legal Question in Criminal Law in California
false accusation of shoplifting
I am on chemotherapy, specifically
Interferon, which I've learned can
cause severe cognitive disorders.
About a week and a half after
beginning chemo, I went to Whole
Foods to shop. But I had something
painful in my eye, so I grabbed a
bottle of eyedrops and went to the
bathroom to insert them. I was
then going to shop and pay for the
eyedrops along with my other
groceries. Somehow the eyedrops
landed up in my purse, I have no
idea how, but it certainly was not
intentional. I just forgot about
them, but had I found them in my
purse upon returning home, I'm
CERTAIN that I'd have returned to
the store to pay. However, before I
could do anything, I was detained for
''shoplifting'' and told never to enter
Whole Foods again.
I do not feel at all responsible for
this, as I was not compos mentis,
and therefore the ''shoplifter'' was
not I; she was ''that person on
chemotherapy.'' Thus, as soon as I
finish my chemo I intend to shop at
Whole Foods whenever I want. If
they try to arrest me I intend to sue
them for false arrest and for
persecution of the handicapped. Am
I not right about this?
2 Answers from Attorneys
Re: false accusation of shoplifting
Right? NO. You are responsible for your actions. However, you have some defense to the charges if they arrest you. They may not.
Re: false accusation of shoplifting
Sorry, but no.
Regardless of whether you are guilty of shoplifting (which doesn't seem to matter much since you haven't been charged with it), businesses can exclude anyone they choose from their property as long as they do so for a non-discriminatory reason. A good-faith belief that you shoplifted would qualify.
If you enter after being told you are not allowed you will be a trespasser and could be arrested on that basis. You do not have a right to enter someone else's property without permission.
Why don't you try calling the manager to discuss your situation? Under the circumstances he may have a change of heart. Just showing up when you know you are not welcome would invite more trouble than it's worth.
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