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Held by Walmart security though I did nothing wrong.
Posted Tue September 29, 2009 12:00 pm, by Erika W. written to Walmart
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Yesterday (Sunday the 27th) I was shopping with my 9-year-old daughter. We were browsing the women's clothing isle when 4 Walmart Employees walked up to us and demanded that we come with them. I asked why and they told me that 'it was in my best interest to come' not wanting to make a scene, we fallowed them to the front of the store and into a small room. There, another man was waiting who told us to sit down.
He stated that we were going to be arrested for shoplifting! I was horrified, as was my daughter. I explained that we had not even put anything in our cart yet and he was more then welcome to search our pockets.
He said that we had been in the store many times before and that we have been seen on camera stealing various items. I demanded to see the video if that were true but he refused and said we would have to wait for the Security Manager to come in to I.D us.
We were there waiting for over an hour. My daughter was very scared and when she tried to talk to me, she was told to 'shut up' and the man terrified her more by saying we were going to jail.
A police officer arrived and the man explained to him that we were regular shoplifters and wanted us arrested. The Officer put us in handcuffs but wanted to wait for the Security Manager to I.D us before we were taken.
He Security Manager arrived shortly after and took one quick look at us and said, "Those are not them."
The Officer quickly released us. I however was very upset and waited for an apology. Instead, All I got from the Manager was a 'It would be best if you do not shop here anymore' and asked the Police Officer to escort us out!
I asked the Officer for a report which was later provided to me, so I have proof that Walmart stated that my daughter and I were not the ones who committed any shoplifting at all.
I can provide you a copy of the report if need be.
All I ask is that I be allowed to shop at the Walmart location again and would like an apology from those involved.
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This is horrible! Your poor daughter must be traumatized. What gets me is even if they truly thought you were shoplifters, why would an adult treat a child so badly?
Another things that sticks out to me is the fact that all you are asking for is an apology. You aren't asking for anything else, so that just makes me think of how this really has affected you. I can think about how it would have affected me. I went off once because I was accused of shoplifting, but my experience was nothing like yours. What happened to you is terrible.
I'm honestly not sure of all the legalities, but you were certainly treated wrongly in this case. Pursue it and I hope everything is made right. Good luck to you!
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GET A LAWYER!!!! Being someone who has worked in security, this is illegal. They must actively see you put something in your purse, jacket, whatever and be 110% certain that the merchandise is there and can NEVER detain you for the fact that they are not police. Not only would I go after Walmart, file a complaint and seek legal advice about the arresting officer because they have to prove you committed a crime before arresting anyone. Since you committed no crime, they violated your rights and violated them even further by banning you from the store.
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by MD401 Posted Wed October 7, 2009 @ 12:36 AM
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You need to Lawyer up. You have them by the short and curlys. This lawsuit is worth atleast 200K. Besides that the Schmuk that detained you will loose his job.
Contact the ACLU. They will see to it he is busted to a people greeter.
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by APCO25guy Posted Fri October 2, 2009 @ 5:27 PM
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First, I applaud you for not wanting a freebie but a genuine apology. That being said, the WalMart LP may have violated your rights and state laws for false arrest. They had no probable cause as they did not have you concealing and attempting to remove any merchandise. You are due more than a simple apology.
In short, the screwed up. I personally would swear out a warrant on the LP employees for false arrest and have their butts put in jail and face a judge, have to post bail, go to a trial, hire a lawyer, etc. What a bunch of jerks.
FYI you are under no reason to comply with unlawful arrest. In my state (Georgia), Georgia law allows one to resist an unlawful arrest, and utilize reasonable force to repel that unlawful arrest, up to an including deadly force. And Mr. LP would have faced it had it been me.
Glad you are okay, but yeah, I'd find a lawyer and sue them. Would not be the first time WalMart LP overstepped the law, and sure it won't be the last. Good luck to you.
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by Jared C. Posted Fri October 2, 2009 @ 3:21 PM
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This is APPALLING and doesn't surprise me at all considering it comes from WalMart - one of the evilest companies in the world (after Exxon).
I would definitely advise contacting your local news station. They'd likely definitely make a story of it and put it on the nightly news.
Contact an attorney too. You are owed MUCH more than an apology imo. You are owed some compensation too.
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by Kitty C. Posted Thu October 1, 2009 @ 10:04 PM
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I would call your local news channel!!! And while you are at it, call a lawyer, imho you have a lawsuit.
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by kuz Posted Thu October 1, 2009 @ 8:54 PM
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You just hit the lotto. Get a lawyer.
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First, they cannot approach you unless someone witnessed you putting something under your coat or in your purse.
Also, in order to have you stay away from the store, the store would have to file a police report and sign a complaint or agreement thing saying you won't come back.
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by missjane Posted Thu October 1, 2009 @ 1:35 AM
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Sue them for every penny you can get!!! What nerve! I would go back into that Walmart every day and I would make sure the guy who said it would be best for you to not shop there anymore and had you escorted out saw you, just to piss him off.
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by Mel2007 Posted Wed September 30, 2009 @ 7:48 PM
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That is terrible! I would so as the others said and at least talk to a lawyer and see if you have any recourse.
As for shopping there again, maybe another Wal-Mart is to far to travel for her to go. I know we only have one here in town and the next one is over 2 hours away. Just a thought.
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by Tooter Posted Wed September 30, 2009 @ 3:50 PM
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See a lawyer ASAP! Something like that happen where I used to work and the company was sued. They settled out of court and the security guy lost his job.
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First of all know your rights!! No one has a right to detain you including police officers. Legally speaking an officer would have to put you under arrest for that to happen other than that you are free to leave anywhere any time. Most people think that companies have the right to detain them, they don't. All they can do is ASK you to come with them. They can also ask you to leave the store, but again to enforce this they need law enforcement to do so.
Don't get me wrong, I think what they did was mean & cruel but you must know your rights to be able to stand up for yourself & your children. I don't think you have a legal case (could be wrong) because you agreed to stay & not leave. You agreed by staying. I know it doesn't seem right, but that is why I encourage you & all to learn your rights, teach your children so it never happens again. As in public opinion & embarrassing Wal-Mart call your states represenative, your local TV station & write letters & emails over the net. Then contact the CEO's office of Wal-Mart to see what they say about this. I don't know if it will help, but companies HATE getting bad press & will usually do something to get it to go away. Wal-Mart is a huge company but even they are not indestructable!
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by Kim M. Posted Tue September 29, 2009 @ 9:30 PM
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Why in the world would you ever want to set foot in that place again?!
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I'm not sure what a lawyer can do for you. What did they do wrong? Perhaps unlawful detainment? But maybe their detainment of you was lawful.
Of course, they behaved horribly and I can't believe they didn't fall all over themselves apologizing. Your poor kid! I feel bad for both of you, but especially her.
But given where you live, surely there are other stores that deserve your dollars more than this piece-of-crap walmart.
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I'm not sure what they'd file on Wal-Mart (I'd go for criminal false imprisonment charges to start with, if possible) but that store would be the last place on earth I'd spend another dime. Any Wal-Mart. If they end up on the wrong end of a fat lawsuit judgement maybe they'll think twice about grabbing someone next time.
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by Ginger2.0 Posted Tue September 29, 2009 @ 9:20 AM
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I don't understand. If the manager said "those are not them" whay did he say "it would be best if you do not shop here anyone" ?
He also asked the police to escort you out?
Why ?
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by andbran Posted Tue September 29, 2009 @ 12:58 AM
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first of all get a lawyer. i think you have a case on this. what they did is very wrong. in my opinion you deserve more than an apology
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