Shoplifting??? Arrested on Suspition?

[cu2g8rguy]

I need some advice? Ill describe the situation and you guys can give me advice! I went into the local Dillard's store, went into the dressing room, tried on some jeans, put the jeans back on the shelf under some sweatpants, and WALKED out of the store to my vehicle! A security officer at Dillards approached me at my vehicle and asked me to get "the jeans I just took out of my vehicle." I told him that I didnt take anything from the store. He didnt believe me and told me if I didnt take them then to come inside and show him where they were! I told him I didnt take any merchandise from the store and that he couldnt make me do anything! He then told me that we "could do this the easy way or the hard way" and that the police were on the way! I told him where they where and started to walk back into the store with him to show him where they were when a police officer pulled up, jumped out of his car, threw hand cuffs on me, threw me up against the car, and charged me with resisting without violence, shoplifting, and fleeing!!! A store associate came out of the store, while I was in handcuffs in the back of the police car, with the jeans that they thought I stole and then said there were tags found in the dressing room and that I was concealing the merchandise! They claim that when I bent down and put the jeans under the sweats they thought I concealed them on my person and left the store! How can they arrest me for shoplifting when they thought I stole a pair of jeans and then found the jeans in their store?

[factor-fiction]

Have you heard any more about this?

[cu2g8rguy]

nope not yet!

[factor-fiction]

If this is exactly how it happened then surely they must have told you what you had been charged with?
Have you told us the full story? Did you remove the tags and hide the jeans with the intention of returning to take the jeans later?
Have you been charged or cautioned? Did you have a solicitor present and what advice did/ he/she give?

[cu2g8rguy]

They believe I changed the tags, yes. But I was arrested and charged with shoplifting! Not cautioned.

[bednobs]

DID you change the tags though?

[cu2g8rguy]

no

[factor-fiction]

Something doesn't add up here. If we are to offer advice here we need to be sure you have told us everything.
What were you actually charged with- what do they say you stole?

[sqad617]

"1. why put jeans under other item. "...I agree doc BUT tags do fall off(so the wife says)

Seems a bit "heavy handed" by the policw.

[sqad617]

sorry....police.

[factor-fiction]

Any update, cu2g8guy?
It wasn't a wind-up was it?

[cu2g8rguy]

Whats a wind-up? Im meeting with a lawyer tommorrow! I just dont see why they had any reason to stop me in the first place! They claim I put the jeans under my shirt and walked out of the store with them!

From what Ive read there are certain aspects you must follow before stopping someone! I also know this b/c Im a manager of a large retail store!

Before detaining anyone, you must establish Shoplifting Probable Cause. To establish a solid base for probable cause and prevent false arrest claims, there are six universally accepted steps that a merchant should follow before deciding to stop someone suspected of shoplifting:

1. You must see the shoplifter approach your merchandise
2. You must see the shoplifter select your merchandise
3. You must see the shoplifter conceal or carry away or convert your merchandise
4. You must maintain continuous observation the shoplifter
5. You must see the shoplifter fail to pay for the merchandise
6. You must approach the shoplifter outside of the store

[factor-fiction]

Good luck. You seem pretty confident, and if you are right I'd be surprised if teh store pusues this.
I'm just a little puzzled as to why, if you have a solicitor, and you are already so familiar with this aspect of law and the retail buisness, you decided to seek advice on here. I'm also unclear why you acted the way you did in the store- why did you put the jeans under the other items and how did the tags come off. I'm not disbelieving you- I'm just trying to picture the circumstances.