Legal Question in Criminal Law in Florida

Hello! I'm an 18 year old female residing in Florida, and I have a very important situation. I was in a department store last night with a few of my friends, and we all had tried things on in the dressing rooms, but nobody got anything because we were just killing time before our movie started, and the theater was right next door.

So, we're walking out, and we're about 100 feet from the door when this plainly dressed man runs up to us, looking crazy. The guys we were with instantly blocked him, at which point he grabbed my purse so hard I dropped everything I was carrying. He hadn't even SAID anything....we thought he was a purse thief!!

Then he grabs my arm, and starts dragging me into the store. We were all really really confused, but I maintained my calm because I realized what was happening before the other people with me did. I asked him where we were going, and why we were going there.

He explained that he had me and my friend on video tape shoplifting, and shoving items into our purses, which is so far from true - I can't even explain how ludicrous it is.

Anyway, after about a minute of him grabbing me, it started to hurt, so I told him to get his hands off of me unless he showed me a police badge. I told him that unless he was a police officer, he had no right to manhandle me and detain me in a room.

We got to the room, and he wouldn't let me out. I know my rights, and I know that he has no more authority than I do.

So, they start saying things like, "Oh, making fun of my badge huh? Well we just called the "real" police and they'll be here soon". And taunting me! Meanwhile, my friend and I sat there next to each other almost laughing because this was so ridiculous.

Then, FOUR cops showed up, and read us our rights. I asked them why they were reading me my rights when I wasn't under arrest, and why they were even talking to my friend who was a minor. I never got an answer.

They then tried to search my bag in front of everyone, and I told them I am required a private area, and there is no need for four or five CIVILIAN male security offices to see the things in my bag. They agreed they were doing it wrong, and finally secured the room.

I was sleeping over said friend's house after the movies, and I had only a bra and a shirt, and a hat in my bag to chage into tomorrow. However, they were clearly worn in and the hat even had a little stain! Yet, the cop started insisting that I must be lying, and that I stole them.

So, I asked him if he had me on video, and if my behavior suggested shoplifting. He said no. I asked him if he found any tags, or empty hangers, and he said no. I then asked him why I was there, and he said because I was with the person who shoplifted, and I had a bag so they had to bring me in. I asked him to review the video tape once more, and make sure all of the officers viewed it at the same time too. There was nothing on tape. At all. BECAUSE I DIDN'T STEAL ANYTHING!

Then they searched my friend, and low and behold she had stolen a bra. A fifteen dollar bra. I was so mad at her! But I asked if since they found the merchandise that was missing on her, I could leave. They said no because they didn't believe the clothes were mine.

At this point, I had had enough. I snapped, and said that what they thought and their opinions are irrelevant, because they had literally NO evidence on me at all. Just the fact that I was with the girl...but so were 4 other people who weren't even brought in.

I then proceeded to ask for the man's name who assaulted me, and they wouldn't give it to me. I asked them for their badge numbers for future reference, and they wouldn't give them to me.

Then they went through my wallet and saw that my mom was a cop, because I had an insurance card issued through the sheriff's office. They said that she would see my name and everybody would know I was a shoplifter.

I just stated that I did not steal, there is nothing to suggest I did, and that after this incident I will be sure to inform my mother as well as another unbiased officer as to all of the procedures they didn't carry out correctly (including taking the bra off of my MINOR friend in front of a room of males, and taking a statement from her without an adult present).

They then said I was free to go, because they couldn't detain me with no proof. I was polite and said thank you, asked again to make sure I was free to go, and got my bag and left the premises immediately.

They kept my friend until her mom came, and she called me as soon as she was out of the building, and told me that they found a bunch of tags, and had kept my license.

So, my question is:

After they let me leave, they can't say they magically just came up with some evidence, can they? I never signed anything, I never gave a statement, and I never swore or resisted anything....I've got the mark on my arm to prove it.

And if they can do something about it after I've left, how well would this hold up in court? I understand me having some clothes in my bag is sort of shady, but they failed to write down what types of clothes I did have in my bag....so what if the tags were left by someone who really did shoplift, yet I get blamed?

They never took any photographs, and I was THOUROUGHLY patted down by an officer, and my bag was searched. They said themselves I was free to go, but that they thought I stole those things.

Are they going to send a Notice to Appear to my house? I'm a legal adult with no prior record, attending college for my second year this fall. I cannot afford to have something I didn't even do stuck on my record forever, so I would be willing to hire a lawyer.


Asked on 5/15/10, 9:05 am

1 Answer from Attorneys

Mario Musil The Musil Law Firm

Sounds like a situation you may want to take to trial.

Normally, notices to appear are given in person, so you may not

get one in the mail.

If you'd like to discuss this in more detail, feel free to contact my office at:

239 SWFL LAW - 239 793 5529

Read more
Answered on 5/20/10, 2:28 pm


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