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Submitted by John Manini on Thu, 07/17/2008 - 3:27am.
Hey OLYBLOG
» This evening, I was officially banned from Ralph's and Bayview Thriftway by some of their loss prevention store security people. I pulled into the parking lot with the intent on buying some cat food. As I exited my car, I witnessed two very large men in plain clothes physically detaining two minors on bicycles. Each of the large men had a very firm grip on the forearms of the kids. The kid closest to me had finger marks on his arm where it was not discolored bright red from being squeezed. The man restraining this boy was searching the kid: patting him down, going through his pockets and making him lift his shirt. Several people were making their way in and out and no one was bothering to intervene. The kids were noticeably upset and insisted that they came in to use the restroom and drinking fountain and had not stolen a thing. These kids could not have been more than 15 years old and were both 100 pounds soaking wet. The men were both at least 250 lbs and over 6 feet, easily 2-3 times the size of these kids. With kids that age, it is easy to tell if they are lying, or are guilty of something... I was instantly confident that these kids had done nothing wrong. They were scared and pissed off because they were frustrated these two meat heads didn't believe them. To my knowledge, no evidence had been produced to suggest they were lying. I addressed the men, asking what they were doing and if they were police officers. We got into a back and forth and before the police had arrived, the douche in charge had taken my picture with his camera phone and told me I was banned from both stores for life. I went to my car and gave him my business card and told him to hang it next to the picture so they don't confuse me with anyone else. I was happy to leave it at that, but in the heat of the moment, I locked my keys in my car and had to maintain my front until my wife could run down with her keys to unlock the door... nothing worse than stepping up to someone and then making a blunder that undermines your authority. I noticed that once I had squared up with these men, the larger one who had been squeezing his mitts into the one kid's arm had released his grip completely and backed off the kid. I deemed him to be the subordinate: having his actions called into question, he may have realized he was overstepping his authority. Before the police had arrive, I urged the kid who had been released to ride off before the cops arrived, but he did not. I told the kids I would be contact my lawyer on their behalf and made it very clear that what was happening, while arguably legal, was not only not right, but arguably illegal. Police officers arrived and spoke to all parties concerned. I had a long talk with two very polite officers who informed me that these guys were within their legal rights to physically detain someone suspected of committing a crime on private property. When it comes to searching the boys, that gets into a legal grey area and the police referred me to discuss this with someone who practiced civil law as there may be a case. The boys were not charged or arrested, but they took off before I could get their names. Afterwards, the dominant guy tried to introduce himself, shake my hand and make nice and the very end of everything and I would have nothing to do with it. He said to me "Its a shame we met under these circumstances." to which I replied, "No, I don't think so." As he walked away, he made some empty half threat which would never stand up in court if I accused him of something and I thought of birds rather than running him over. I am going to pursue this further. I am making this post in a variety of places. I am speaking to lawyers. I am addressing the City Council. I am writing letters to Storman's and requesting an audience with their higher ups. I am not asking anyone to engage in a boycott or to join a crusade or even badmouth the store. Do whatever you want based on your own politics and convictions. In the wake of the Plan B efforts, several friends and acquaintances getting busted by loss prevention; having to pay what I consider extortion money and inflated prices, I continued to shop there. I am not ashamed to admit that and if anyone cares why, I would be happy to discuss my reasons in a separate thread off list. Bottom line: The laws on the books that grant business owners the right to employ third party loss prevention agencies need to be amended if not completely overturned. I understand shoplifting cannot be tolerated and I do not condone it. That being said, there has to be a better way to deter thieves... one that does not involve intimidation, assault, and extortion. Had I walked into that scenario in any other context, those men would be in handcuffs and hauled off to jail, or lying in intensive care depending on their level of intelligence. There has to be a better way and I am going to work to find one. john manini
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Storeman's is dead to me.
Submitted by Rick on Thu, 07/17/2008 - 8:14am.Beware the terrible simplifiers.
Jacob Burckhardt
a few years back
Submitted by Katherine on Thu, 07/17/2008 - 12:23pm.while waiting for a prescription for an abscessed tooth, I stepped outside to make a phone call. I had already picked up some orajel, or something, and was waiting to pay for it when my prescription was ready.
A young kid (named Rocky no less), came out and "escorted" me back to the back room, making as big a scene as possible, telling cashiers that I was shoplifting orajel. It took an hour, and me finally having a conversation with his boss, to get this guy to let me go. He still tried to file paperwork against me. The good news was that my prescription was ready when I finally got out of the back room. Still, I was embarrassed and angry.
People steal from my shop all the time. People actually steal tips out of my server's tip jar in the Eastside window. It is unfortunate that theft is a cost of doing business, and I'm not sure what the best solution for a locally owned grocer is, but it would behoove both Thriftways to write clearer policies for their 3rd-party contractors.
Stormans used to own his own security company.
Submitted by Rob Richards on Thu, 07/17/2008 - 12:46pm.I could recount a hundred stories about their security roughing people up and really extorting people. They make you pay them $200 dollars plus the price of the item you allegedly stole. What people don't know is that if it's under $50, the cops usually won't bother with it. If I were ever in that situation, I don't shoplift so it's rare, but if I were, I'd just tell them "no", and if they tried to physically detain me I'd have them charged with unlawful imprisonment and whatever else I could pin on them. Then there'd be a civil suit.
I bet enough people have been assaulted and unlawfully detained by them to start a class action suit. Maybe you could lead that, John. I bet people would come out of the woodwork with incidents involving their security over the years.
that "imprisionment"...it's actually legal...
Submitted by John Manini on Thu, 07/17/2008 - 1:23pm.Rob,
http://wscp.innw.com/Manuals/shoplift.html
After speaking with the police and doing some of my own research, the people at ralph's, and elsewhere... heck even a person on the street, can physically detain someone with a use of resonable force if they have witnessed that person committ a crime. Police have more stringint guildlines they have to adhere to, but the average citizen or third party security firm employee, is at libery to hold you down and keep you there until the cops arrive. Your best bet if ever in that situation is to say nothing, call a lawyer if you can, wait for the cops and for the love of god, DON'T PAY THEM ANY MONEY!
there may be grounds for a civil suit if they improperly search you and/or if they find nothing on you and have mistreated you in the process in some way (by legal definition, not by a lay dictionary definition)
I am not looking for a class action suit, I do not believe that will help anyone except the lawyers. I want the laws changed so it is not legal to employ these tactics as a shoplifting detereent.
When i was escorted back to
Submitted by little_teapot on Fri, 07/18/2008 - 1:17pm.Bayview and Ralph's
Submitted by Ehver Green on Thu, 07/17/2008 - 1:15pm.Rick said, "Storeman's [sic] is dead to me."
Alive and well to me! I love the micro brew selections.
have you been to Top Foods?
Submitted by John Manini on Thu, 07/17/2008 - 1:29pm.Top Foods is based in
Submitted by Ehver Green on Thu, 07/17/2008 - 1:40pm.try
Submitted by chad360 on Thu, 07/17/2008 - 2:26pm.Gravity Beer Market, do you brew yourself? That would be super-great to chat about on another thread...
...dude's talking 'bout other issues here EG...are you "cool" with security allegedly roughing-up youth? >weigh-in or cast-off<--- (I like that turn of phrase, here is thinking of you S6 =).
What I don't like it you making a point of seeming to single out Rick's comment and diametrically opposing Rick's POV...(...and this may be just my fussy "read to much into it" online_personae, but hey, this is what my reaction is, so hear me out please, I already got sucked into reading your comments =)
...of course you are both entitled to say/type whatever you want (just like I am taking the time to type this here), but to what extent?
Let's try to build and not quip, and keep the potshots for the war-games (just my 2cents).
I'm torn with the whole Thriftway thing...
Submitted by The Original Yoda on Thu, 07/17/2008 - 1:28pm...."thrifty" they are not.
The plan B thing is kind of lame. Marcie wrote a very polite letter a year or so ago and never got a response.
I like the fact that they are local and would hate to see a big corporate grocery move into Ralph's.
We buy toilet paper, english muffins and boxes of organic wine there and not much else.
I wish they'd be cooler but I'd hate to see Ralph's become Safeway, Albertsons or any other type of Mc Grocery.
I have the same dilemma
Submitted by Rob Richards on Thu, 07/17/2008 - 1:32pm.local man's guilt...
Submitted by John Manini on Thu, 07/17/2008 - 1:47pm.To my understanding
Submitted by Norm on Fri, 07/18/2008 - 2:26pm.Keeping in mind that I'm not a lawyer, nor a police officer. I have worked security on 2 different occasions though (both jobs were awful btw).
We were always told we could detain a subject IF we had probable cause. This would include cuffing and sitting the person down. We were allowed to ask certain questions, but by no means were we allowed to interrogate the subject. We also were not allowed to search the subject. Once detained we were required to call the police and report the situation. Once police arrived we would give the officer our story, including the probably cause for detainment. At that point, the officer would search the subject and question him, then decide to arrest or not.
I don't recall if these rules were based on state law, or internal policies. Keep in mind though, MANY security folk (in my experience) are simply "wannabe cops" who will puff out their chest and strut around at any chance they can get. Some have been completely professional and are a credit to their job, I just don't seem to meet them as often.
My suggestion, if security stops you, ask to have them immediately call the police, and do not give them the time of day. If they seek to detain you, I wouldn't fight it, unless you are somewhere that is really not public.
Experiences like the one above would make me want to call Stormans. Which I think I'm going to end up doing later today simply to ask about their security policies and how "hands-on" they allow their officers to be.
Here is some info that google gave me
Submitted by Norm on Fri, 07/18/2008 - 2:41pm.Before either the civil or the criminal penalties can be used, the retailer must first apprehend the shoplifter. If done correctly, the retailer exposes himself to little risk of false arrest suits.
State law allows you to detain a suspect if there are reasonable grounds to believe that the person shoplifted in your store. The following are the critical elements to consider before making an apprehension:
Although the law does provide that the concealment of merchandise creates an inference of intent, and that such concealment justifies detention, other suspicious actions will reinforce your position in court. "Criminal intent" can be inferred if the suspect’s movements are evasive or furtive.
Keep the suspected shoplifter in sight from the time that merchandise is concealed until you confront the suspect. The law does not require continuous surveillance, but this policy can prevent stopping a suspect who has already disposed of the stolen items.
It is also a good idea to let the shoplifter pass the last possible point of payment or exit before detaining. Again, state law does not require this, but it can strengthen your case in court since it removes the possible defense that the suspect was going to pay for the merchandise.
There are some situations in which it would be a mistake to let the suspect exit the store. For instance, juveniles are likely to run once they are outside the store, and professional shoplifters can become dangerous when removed from a crowd of witnesses. Washington State law does not allow you to detain a suspect at any time after you have witnesses concealment of your merchandise.
Although you may be upset at discovering a shoplifter in your store, you should remain professional and calm. Treat every shoplifting suspect as a potential future customer and you will not need to fear false arrest suits. The following suggestions can be the foundation for a safe store apprehension policy.
Taken from here