Legal Question in Criminal Law in Pennsylvania

Is Taking Store Garbage or Trash Shoplifting?

Suppose Me and my child shop at a store. When leaving the parking lot she notice's something in the garbage she wanted. If we stop and she takes it, is this shoplifting? About two weeks later ''I'' receive a letter from the store. That states that ''I'' climbed into the trash compactor and took something. Stating I was the person. That they say that ''me'' and my family or relatives are not only aloud to shop there but not in any stores in their district. I wasn't the person whom took it and if it was trash what's the big deal and it wasn't in the compactor, but beside it in a row of bins that had not been compacted yet. I wasn't something dangerous. Like really climbing into a compactor. Is this shoplifting? Is it all right to not give a warning or have a sign up that says (Keep Out) of trash? The letter isn't certified mail. So I went back and the acutely made me leave (kicked me out)... Mind you I spend thousands of dollars there every year and have the receipts to prove it. We have made a lot of friends (regulars) there and the employee's are friends too. Is this slanderous or defamation of character? Do they need to prove this first? Can they just have an employee as a witness or photos/cameras?


Asked on 9/20/04, 10:37 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Is Taking Store Garbage or Trash Shoplifting?

There would seem to be more to the story than you're telling. What was taken? Was it really in the trash? I'm not sure why the prohibition on shopping there would include your family members who weren't with you or your daughter.

Stores may, however, exclude people from their places of business for a non-discriminatory reason (or no reason at all, so long as it's not discriminatory).

If you'd like to tell me more of the story, feel free to email me, and I'll help you work through it. I would need to know exactly what happened, and exactly what the letter says.

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Answered on 9/21/04, 5:55 pm


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