Legal Question in Civil Litigation in Montana

Illegal Shoplifting Arrest

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A female, stopped inside store, was held by store security. While waiting for police he searched her purse for shoplifted items and a male clerk went to price items. A female clerk later entered and was sent to get the prices. Subject was told never to return to store again. When asked if she would be arrested and taken to jail and was told the police would decide. When they arrived security asked them to go ahead so he & subject could exit store unnoticed as they knew each other. Outside police cuffed her and said she was being arrested and taken to the county jail for shoplifting. En route she was asked why she had done it. She said she didn't know but was mentally unbalanced and had no money. Officer warned at the jail she'd be searched, fingerprinted, given a court date (July 13, 1999) to appear for shoplifting. After that he said 'consider this a Christmas gift. I've decided to release you.' "Since she was stopped inside the building, never read her rights, & a civilian searched her purse without a police officer or female present was this an illegal arrest? Were her rights violated? Should she get a lawyer?"


Asked on 7/06/99, 2:03 am

1 Answer from Attorneys
Donald Jones Harrison, Loendorf, Poston & Duncan, P.C.

Re: Illegal Shoplifting Arrest

It appears you have both a criminal and potential civil matter. Do you still have a July 13, 1999 court date? If so, this is likely your criminal arraignment where you'll be asked to enter a plea. You should have an attorney with you at this hearing.

As for the potential civil matter, you might have an actionalble cause against the store for inproper detainment and invasion of your privacy rights. However, such claims appear only to be remote possibilities based upon the limited information provided in you question.

Feel free to email or call me if you would like to discuss this matter further.

[email protected]

Donald Ford Jones

406-442-6350

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Answered on 7/12/99, 12:43 pm


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