Legal Question in Criminal Law in California

Shoplifting

Can one be arrested for shoplifting after the fact (without being stopped in or out of the store)?

Can stores fingerprint empty merchandise boxes found in the store?

This is for a college report on crime deterrents.


Asked on 10/26/06, 8:29 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Shoplifting

Yes to both questions. If there is evidence to prove his guilt, why should not being stopped right away entitle a criminal to escape justice? And why should a business be forbidden to collect fingerprint evidence from its own boxes in its own store?

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Answered on 10/26/06, 8:47 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Shoplifting

It seems to me that Mr. Hoffman is correct about collecting finger prints from empty merchandise boxes in a store. However, there would be at least one problem with arresting based on finding finger prints on an empty merchandise box. First there would be no evidence as to when the finger prints were placed on the empty box. It is common for people to pickup a merchandise box to look at the information printed on the box or at the product. Thus there would be no evidence that the person upon whom the finger print belonged took the merchandise.

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Answered on 10/31/06, 1:31 am


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