Legal Question in Criminal Law in Texas

Let me first say I am not looking to sue or take legal action, but rather simply know what my rights are.

I live in Texas and was falsely 'accused' of theft at a beauty store last night.

I believe I was typecasted, as I went into the store wearing a black band hoodie that was oversized. I picked up a couple of items and, I could see the suspicion because my sleeves were long and appeared I was concealing the items, but I decided against the items and put them back on the shelf.

As I was leaving the store I was confronted (inside the store) and told they couldn't let me out of the store because I was seen (on camera) shoving items up my sleeves.

I voluntarily set my purse down and pulled everything out of my purse. (To be completely honest, I did NOT take ANYTHING from the store). I was not pulled to the side, but rather confronted in front of the entire store. Having pulled the entire contents of my purse out for the manager to go through, she asked me about package of mascara still in the package. I rudely told her I brought that to the store WITH ME and had purchased it the day before at the grocery store. She asked to produce a receipt, to which I asked why I would carry that around with me. I told her I hadn't even gone into the aisle where they would carry that item (completely true) and she rebutted "well, we carry this brand here." Infuriated, I told her to keep the damn mascara and threw everything in my purse.

Since she hadn't found what she was looking for, because it was on the shelf, I said I was leaving. She informed me as I was walking out that the cops were on their way.

I left the parking lot, furious and embarrassed, and was stopped down the street. I explained I'd come from that store, been embarrassed beyond belief, emptied my entire purse, and that the manager actually took something of mine I brought to the store with me.

My car was searched and nothing was found. I was let go. I was called several minutes later and told they reviewed the tape, saw suspicious activity, but could no do anything because the items were found in the store (where I'd told the cops they'd find it ... where I picked it up from). They said no actions were taken since I didn't steal anything but that I was "not allowed back in the store ever or I would be arrested." (As if I'd want to go back).

I want to write corporate and explain my situation and anger, and want to know if I have any grounds to stand on. I also would like to know how I can be banned from a store for NOT stealing anything.

My boyfriend said if they are forbidding me from going back to the store it a) sounds like a scare tactic or b) they've put something on my record I might not know about.

Thank you in advance and I appreciate your reponse ...


Asked on 2/13/11, 6:33 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

I am addressing only parts of your question. I have no idea if you have grounds to sue the store - my experience in this area is very limited. I will say your description makes it sound as if they had reasonable suspicion to believe that you were committing theft or attempting to commit a theft. Moreover, it is not typecasting if someone dresses in a manner that would permit them to steal.

Anyway, with regard to the criminal trespass warning or ban - the store has the right to ban anyone they want from the store as long as it is not on the basis of illegal discrimination. They would certainly have the right to ban you from their store based on your description of what occurred. If you return to the store, you can prosecuted for Class B misdemeanor trespassing. It is not a scare tactic. But, nothing goes on your record except perhaps with the local police if they maintain a trespass warning list. (Most do not; most require the store itself to keep up with any trespass warnings that have been issued.) There will be nothing on a background check about this incident.

I personally believe that you should write to corporate and complain about their method of confrontation. They should have been more discreet and asked you to come to the back to discuss the matter. I would also be highly aggravated about their theft of your mascara. If you can find your receipt, I would send a copy of it to them to help substantiate your complaint. (Even if you cannot find it, I would still complain about this and demand compensation.)

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Answered on 2/18/11, 5:42 pm


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