Legal Question in Legal Ethics in California
Falsely Acused of Shoplifting
I have a question-i was detained at a local Albertson's and was accused of stealing liquor with 2 other women that gave me advice on where to get cheaper liquor in the liquor isle(that so happened to be shoplifters). An associate approched me while i was browsing through magazines and told me that my ''ride'' had left and she has our license plate numbers and has me on camara stealing liquor. I asked if we could review those tapes because i had no involvement in stealing anything, plus i have driven myself, my aunt and my cousin to the grocery store. She refused to listen to me and directed me towards the back of the store. They called the sheriff who was also rude to me. After about an hour, they tried to apologize because once they reviewed the tapes they knew they were wrong. This incident happened on xmas eve and it ruined my xmas eve and xmas dinner...my holidays were completely trashed. i asked for the associate's name who falsely accused me of stealing and i was given two different names. I believe they only assumed that i was with those 2 women because we were all black. I'm wondering if i have any kind of case here because i no longer wish to shop at this store and i was completely humiliated and racially profiled.
1 Answer from Attorneys
Re: Falsely Acused of Shoplifting
They have a right to detain you, if suspicions of shoplifting are reasonable. Since you were associating on camera with known shoplifters, and something was being shoplifted, your detention was reasonable.
The time they kept you was is called a "false arrest", because while the detention was reasonable, they should not have taken an hour to review the tapes, and no one should have been rude to you.
I would say that this doesn't amount to racial profiling, and that the Sheriff was as responsible as the store's security force. You cannot recover damages for hurt feelings, or xmas eve and xmas dinner being removed.
However, holding you for an hour is probably worth a few hundred dollars for the false imprisonment.
I would retain a lawyer to write to Albertson's and the local Sheriff demanding settlement, or you will be forced to file a law suit for false imprisonment. I doubt you will get anywhere, if you do it yourself.
If you need more, please e-mail, or call, my office.
Good luck!
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