The Macy's customer cleared of shoplifting: I'm kind of skeptical on this one.

[pnwmom]

It's hard for me to blame Macy's for their actions when they saw her place items in her Macy's bag and carry them around the store.

I don't think her Spanish language had anything to do with this.

http://www.nytimes.com/aponline/2014/03/31/us/ap-us-department-store-discrimination.html?hp

NEW YORK — A defense lawyer says a Venezuelan tourist has been acquitted of shoplifting at Macy's in one of several cases of shoppers saying they were wrongly accused of stealing at major New York City stores.

Attorney Daniel Hochheiser (HAHK'-heye-sehr) says a judge cleared Maria Paez (PEYE'-ehz) on Monday.

Court records weren't immediately available Monday evening. Manhattan district attorney's office representatives had no immediate information.

Paez says she was stopped after putting items in a Macy's bag to carry them around the flagship store Sept. 12. She says she was targeted because she spoke Spanish and had words with an impolite fitting-room attendant.

[madinmaryland]

1. Not enough information to make any decision one way or the other...

If anything, there seems to have been a communications issue. She did not leave the store without paying, did she?

[ladywnch]

2. in PA, shoplifting is established by 'conceling a product/item from view, ie: putting it in a bag,

purse, pocket, inside/under other clothing' ......once the item is conceled from view, they *can* be arrested.

I don't know about other states but I think it holds true in other states.

[madinmaryland]

6. She was carrying a "Macy's" bag around the store. I think there is enough

here that is ambiguous that makes the arrest just a bit off.

[Jenoch]

3. If she didn't leave the store with merchandise that she did not pay for.

then it is not shoplifting.

Last year I was leaving a grocery store behind a woman and her daughter, who appeared to be about 8 years old. As soon as they were outside, a store employee darted past me and grabbeb the girl by her jacket. She had a magazine under her coat. Her mother only said "what's the matter with you?" to her daughter. I left, but I felt bad for that mother.

[pnwmom]

4. So it's considered fine to put items in a store bag that you haven't paid for? According to this,

it might be okay -- depending on where the store is and what direction you're heading (toward the registers or toward the exit).

lifehacker.com/5853355/know-your-rights-if-a-store-detains-you-for-shoplifting/all

The first thing you need to know is what a store has to have or has to see in order to exercise their right to detain you. First, a witness or employee needs to establish probable cause. They need to actually see you take store merchandise and put it in your hand (as in, they can't just see you holding something that could have come from home or outside the store,) and they have to see you conceal or carry that merchandise away from its location and either depart the store or walk towards the exit (and away from the cashiers) with the merchandise in hand or concealed on your person.

Depending on your jurisdiction, you cannot even be approached until you've left the store premises. This isn't universally true, and often the act of concealment of store property is enough evidence to have you arrested and charged. Sometimes, store security staff (or the contract security firms that work in malls) will bend the rules a bit and rely on your ignorance of your rights in order to detain you if they're certain they have probable cause. In some cases, they'll threaten to call the police if you don't cooperate.P

It's also important to note that while the above is largely true in most cases, jurisdictions differ—sometimes significantly—when it comes to the least amount of evidence required for a store or mall to detain you. In all cases, security needs probable cause, but how strong that case needs to be can vary.

[Jenoch]

5. I shop at Aldi frequently.

I use a cloth shopping bag. If I'm only getting a few items I don't use a cart and simply fill up the bag. It's obvious I am not attempting to steal. I'm pretty sure in my state a person has to be caught outside the store with unpaid for merchandise in order to be charged with a crime.

[Nevernose]

9. I Nevada the key phrase is

"Taking items past point of purchase." Store employees also have the right to detain anyone they suspect of shoplifting, regardless of witnesses or anything. The customer can either allow themselves to be searched by the store employee or wait for the police to search them, but they cannot refuse the police search.

I just assumed it was that way in every state.

[kalisto2010]

7. Hmm, I've done that before

I don't do it often, but sometimes I put Items in my bag that I plan to buy so I can look at other stuff. I won't be doing that anymore. Sheez.

[pnwmom]

8. When I was a young teen, I was out with the daughter

of my mother's best friend. And all of a sudden she was giggling and putting something into her bag.

I couldn't get out of that store fast enough -- without her. I don't know if she went through with it or not, but she wasn't just doing it so she could "look at other stuff."