Asked in Criminal Law and Personal Injury for Missouri

Q: Is it shoplifting if someone conceals a item and then pays for it at the counter

A friend of mine concealed deny them in her purse changed her mind at and then pulled it back out of her purse on camera then went to the register paid for it was approached at the door by security detained and forced with excessive force they beat her up can she sue them and were they right to do what they did

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1 Lawyer Answer

T. J. Jesky

Answered

A: When you friend first concealed the item in her purse, with "intent to deprive" the store of their merchandise, she committed a theft crime, specifically, larceny. Even though she changed her mind, and returned the item, the crime was committed, due to her intent.

As far as the altercation, the store exceeded their authority. A store can only hold the suspect for a reasonable time, while they call and wait for the police. They cannot use excessive force and beat her up. She should have called the police. She has a civil assault and battery case against the store.

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