Legal Question in Criminal Law in Minnesota

I had two bars of soap that I had purchased at one of the thrift stores in town ( six different thrift stores) a few days before the incident occurred. I have previously purchased some myself at one of many locations and had never tried any of the other scents due to the price (about 8 or 9 different scents available at Hyvee�s, some coffee houses and massage/spa parlors all over Minnesota and US for that matter). The first time I ever purchased this brand of soap was at The Daily Grind Expresso Shop in Waseca,Mn. of last year and soon after that at Hyvee in Owatonna.

On the day of the incident I was going to hyvee to purchase some ingredient I needed and decided to bring the bars to exchange for a different scent I haven�t tried . I had them in my sweater pocket and didn�t think much of it since I knew they were on me. This particular hyvee�s costumer service department is way in the back and opposite the soap isle.

I had my 2 chihuahua dogs with me in the car and parked at the far end of the parking lot out of the way of others so my dogs wouldn�t be barking at people walking by and to used the pharmacy entrance door to enter and I kne the rack of soaps is at that end too because I had seen them in that area previously on other occasions but have never purchased soaps at this particular hyvee. I know hyvee stores do exchange merchandise without receipt as long as the product has its original packaging and It is sold in their store. I didn�t have a receipt due to them being a gift.

I will start from where the lady says I grabbed the soap. I grabbed the bars of soap, put them in the basket and continue to do my shopping and eventually headed toward the butter which is way in the back right across customer service department. As I was walking toward that area of customer service department and butter to exchange the soaps the closer I got to Costumer Service I couldn�t see anyone at the counter and got closer and noticed a blond male wearing his coat with white sleeves and patterns of blue and red on the abdomen area of the coat walk out of the area of costumer service and we made eye contact but he left the customer service area and went straight into the back swinging doors to the back where the offices are next to the customer service department area and I couldn�t see no one at the counter so I just decided to get the butter and not exchange at the time due to my dogs being in the car and was a bit cold outdoors. I thought I would have to wait for someone to come to the counter or them having to get the okay from a manager for the transaction and decided it would take a while. I got the butter I needed and walked all the way back by all the registers to the soap rack and placed the soap back onto the rack and turned back to the 10 items checkout lane at the opposite end of where I placed the soap back. I paid for the butter and stuff and walked out.

While outside on the pavement I heard a lady say sir, sir, and I turned and said yes, and she and a male bagger was with her standing outside the store doors and she said can you come here and I asked why and she took several steps forward and put her hand in and on my sweater pocket and said I saw you grab the soap and while she is in my pocket searching it and feeling around my wallet and soaps, I told her that these are mine. She said I saw you grab them from the rack come inside and I told her I put those back and she said we�ll see come inside and I said but my dogs are in the car and she said lets go inside. By this time more male baggers/employees walk towards me eventually four or five of them are around me walking me down the cash registers and isle and on the way to the back I asked her if I was in trouble and she said �yes, you stole�. From then on I knew it was her word against mine and when almost reaching the back swinging doors to the offices the manager and the male with the coat that I had seen at costumer service were also coming to help escort me into the back. Once inside the back offices I sat down and she grabbed the soap and told the manager � I saw him grab the soap and didn�t pay for them at checkout� and he left the room. Soon I asked her if I was going to the police station because my dogs are in the car and I would need to call someone to come get them if that was the case. She said no that once the police office would get there I would get a ticket with a court date and then escorted out.

She then asked for my DL and information and wrote it down onto a form and also said I would have to pay them $50.00 and that it was to be paid within 30 days and a trespassing form to sign. While waiting for the officer she asked if I wanted an employee to go open the car window for the dogs and I said they would be okay. I was more worried about them being cold. Once officer Erikson arrived the lady handed her the paper work which I never read and told Ms. Erickson to look it over because it was her first time doing this and that she had seen me grab the soap and that when I was checking out she could not see the soap on the counter and wondered where I had put them and that she looked all over my body and could see them inside my sweater pocket. Then officer Erikson asked me if I knew what was going to happen next and I told her yes, that the lady had said I would get a ticket with a court date.

Once done officer Erikson asked the lady if that was all she needed and she responded � from him yes but I need you for a moment�. Then Ms. Erikson asked her if I should get escorted out the store and she responded by saying � no he�s okay� and Ms. Erikson asked me if I would be okay and I said yes. All I wanted was to get to my dogs and not make a bigger scene and have to stay longer or even have to go to the police station. I did not steal .


Asked on 11/17/13, 7:54 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

You should obviously hire experienced counsel. It is likely that video is available from the store that may verify your claims. Much more would have to be known about the evidence in the case and what was observed to develop a defensive strategy.

For a FREE consultation call 612-240-8005.

Read more
Answered on 11/18/13, 6:22 am


Related Questions & Answers

More Criminal Law questions and answers in Minnesota