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In reply to the discussion: Michael Brown, Ferguson Victim Paid For His Rellos [View all]Lee-Lee
(6,324 posts)89. Its that way in most every state, but here is the relevant MO statute
Shoplifting--detention of suspect by merchant--liability presumption.
537.125. 1. As used in this section:
(1) "Mercantile establishment" means any mercantile place of business in, at or from which goods, wares and merchandise are sold, offered for sale or delivered from and sold at retail or wholesale;
(2) "Merchandise" means all goods, wares and merchandise offered for sale or displayed by a merchant;
(3) "Merchant" means any corporation, partnership, association or person who is engaged in the business of selling goods, wares and merchandise in a mercantile establishment;
(4) "Wrongful taking" includes stealing of merchandise or money and any other wrongful appropriation of merchandise or money.
2. Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment, may detain such person in a reasonable manner and for a reasonable length of time for the purpose of investigating whether there has been a wrongful taking of such merchandise or money. Any such reasonable detention shall not constitute an unlawful arrest or detention, nor shall it render the merchant, his agent or employee, criminally or civilly liable to the person so detained.
3. Any person willfully concealing unpurchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of subsection 1, and the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time, of such person by a merchant, his agent or employee, in order that recovery of such merchandise may be effected, and any such reasonable detention shall not be deemed to be unlawful, nor render such merchant, his agent or employee criminally or civilly liable.
4. Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed a wrongful taking of property, as defined in this section, and who has detained such person and investigated such wrongful taking, may contact law enforcement officers and instigate criminal proceedings against such person. Any such contact of law enforcement authorities or instigation of a judicial proceeding shall not constitute malicious prosecution, nor shall it render the merchant, his agent or employee criminally or civilly liable to the person so detained or against whom proceedings are instigated.
537.125. 1. As used in this section:
(1) "Mercantile establishment" means any mercantile place of business in, at or from which goods, wares and merchandise are sold, offered for sale or delivered from and sold at retail or wholesale;
(2) "Merchandise" means all goods, wares and merchandise offered for sale or displayed by a merchant;
(3) "Merchant" means any corporation, partnership, association or person who is engaged in the business of selling goods, wares and merchandise in a mercantile establishment;
(4) "Wrongful taking" includes stealing of merchandise or money and any other wrongful appropriation of merchandise or money.
2. Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment, may detain such person in a reasonable manner and for a reasonable length of time for the purpose of investigating whether there has been a wrongful taking of such merchandise or money. Any such reasonable detention shall not constitute an unlawful arrest or detention, nor shall it render the merchant, his agent or employee, criminally or civilly liable to the person so detained.
3. Any person willfully concealing unpurchased merchandise of any mercantile establishment, either on the premises or outside the premises of such establishment, shall be presumed to have so concealed such merchandise with the intention of committing a wrongful taking of such merchandise within the meaning of subsection 1, and the finding of such unpurchased merchandise concealed upon the person or among the belongings of such person shall be evidence of reasonable grounds and probable cause for the detention in a reasonable manner and for a reasonable length of time, of such person by a merchant, his agent or employee, in order that recovery of such merchandise may be effected, and any such reasonable detention shall not be deemed to be unlawful, nor render such merchant, his agent or employee criminally or civilly liable.
4. Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed a wrongful taking of property, as defined in this section, and who has detained such person and investigated such wrongful taking, may contact law enforcement officers and instigate criminal proceedings against such person. Any such contact of law enforcement authorities or instigation of a judicial proceeding shall not constitute malicious prosecution, nor shall it render the merchant, his agent or employee criminally or civilly liable to the person so detained or against whom proceedings are instigated.
Store owner was well within his rights based on the video.
"If you want security, hire them" is a nonsensical statement, most small business owners can't afford to hire dedicated security, and they shouldn't have less right to deal with shoplifters than a big corporation like Wal-Mart who can afford security does.
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Do you think any of the so-called altercation might be about Brown's age to buy
R B Garr
Aug 2014
#46
This makes a lot of sense! Great analysis. That seemed like a disagreement rather than
R B Garr
Aug 2014
#178
I've read that the clerk at the counter who handed him the Swisher Sweets
aint_no_life_nowhere
Aug 2014
#2
I believe per police report, the friend put what he was handed back on the counter.
Shrike47
Aug 2014
#101
If he knew why didn't he stop him and ask about a robbery instead of stopping him for walking in the
kelliekat44
Aug 2014
#52
Now, they are saying Wilson did not know Brown was a suspect when he first saw him.
Hoyt
Aug 2014
#127
No, it was not. The initial release only showed the shoving match, not the part at the counter. nt
ChisolmTrailDem
Aug 2014
#26
Yes it was. I guess it just depends on where you saw the video. I saw the entire exchange on Friday.
cui bono
Aug 2014
#28
The initial release showed only Brown and Johnson entering the store and then the
ChisolmTrailDem
Aug 2014
#41
Cool. I mentioned on Friday, after the extended video surfaced, that it looked like maybe
ChisolmTrailDem
Aug 2014
#49
And that was done, IMO, to assassinate Brown's character by a PD steeped
ChisolmTrailDem
Aug 2014
#65
And another thing for sure is that Dorian Johnson put that box back on the counter
cui bono
Aug 2014
#94
Weird. I'm on the west coast and I was watching video of the conference that had happened while I
cui bono
Aug 2014
#42
I think the confrontation with the clerk was not a clear-cut case of robbery but something
ChisolmTrailDem
Aug 2014
#47
Yes. Or Brown felt he was the one being cheated and took what he felt had had...
ChisolmTrailDem
Aug 2014
#62
Good catch, winter. I had not thought of that! Quite possible, indeed! nt
ChisolmTrailDem
Aug 2014
#83
That varies by state. I think the age for tobacco in Missouri is 18. n/t
winter is coming
Aug 2014
#133
If there was no theft, the store owner wasn't justified in confronting Brown at the exit
aint_no_life_nowhere
Aug 2014
#19
Yeah. We can't tell what happened, and unfortunately for Brown it doesn't matter
cui bono
Aug 2014
#30
Look behind Brown as he straightens up from picking up the cigarello packages off the floor...
JimDandy
Aug 2014
#173
If he handed his the tobacco prior to getting age verification then an infraction was committed.
bravenak
Aug 2014
#179
I wonder if the clerk refused to sell him cigars because he didnt have an ID
Travis_0004
Aug 2014
#141
So, it appears that Brown was involved in a small altercation at the store
Live and Learn
Aug 2014
#33
Someone yesterday posed the question: if Brown's hands were full of cigars (or 'rellos'), then how
VanGoghRocks
Aug 2014
#86
Umm, his friend who was there with him and also on the video has admitted that they stole them
Lee-Lee
Aug 2014
#48
By the law, it is "Strong Arm Robbery" or second degree theft because of the assault
Lee-Lee
Aug 2014
#55
So pushing the guy out of his way so he could leave, is considered 'strong arm' robbery?
Rex
Aug 2014
#67
Yep. I saw people turn a fine and maybe CS hours and turn it into years in jail
Lee-Lee
Aug 2014
#85
"Shopkeepers Privilege"- a store owner or clerk CAN keep you from leaving if they suspect theft
Lee-Lee
Aug 2014
#79
Well most reasonable people udnerstand the law is what it says, not what you want it to be
Lee-Lee
Aug 2014
#97
Well the officer that allegedly shot and killed Brown had no idea of the robbery at the time he
Rex
Aug 2014
#71
I doubt this even rises to the level of a criminal assault and battery
aint_no_life_nowhere
Aug 2014
#129
Something really fishy about this. Is that video of the same incident? What was in Brown's hands
kelliekat44
Aug 2014
#58
Schema, that's EXACTLY what I wanted to know.... HOW THE HELL did the person
Ecumenist
Aug 2014
#190
I find that hard to believe because they NEVER mention that although they talk about what
Ecumenist
Aug 2014
#192
If he paid could that be why the Police Chief presented then discounted the video?
gordianot
Aug 2014
#64
The LAW has never mattered to cops who are bent on getting a conviction...
countryjake
Aug 2014
#125
With your attitude, I doubt you'll ever serve on a jury. You seem very confused.
Starboard Tack
Aug 2014
#117
You would send an 18 year old to prison for 5 years for what we see in that video?
alcibiades_mystery
Aug 2014
#107
If you don't think he deserves the minimum for Robbery 2, then you don't think it's Robbery 2
alcibiades_mystery
Aug 2014
#113
Of course he wouldn't, but the charge on the incident report is Robbery 2
alcibiades_mystery
Aug 2014
#147
You're not going to get an assault charge if there was a wrongful attempt to detain Brown
aint_no_life_nowhere
Aug 2014
#108
If a shopkeeper is pushed aside by someone who turns out to be innocent of theft
aint_no_life_nowhere
Aug 2014
#123
Dorian Johnson could easily provide the answer as to whether they had a problem with ID
JimDandy
Aug 2014
#185
He is interacting with the clerk, they are clearly having a discussion. Then, at :19,
ChisolmTrailDem
Aug 2014
#80
grabbed numerous packs of Swisher Sweets and turned to the leave the store. [redacted] calls “911”.
w4rma
Aug 2014
#155