OT: I need your support against Wegmans!!

[THATHURMANATOR]

Thanks for all the advice guys!! You are all great!! I will let you know my progress!!!

[ublinkwescore]

Better yet, let's make Wegman's pay for all of us to get to a game... and pay for us

That sounds like a winner to me - I live all the way in the west coast - I'd be more then happy to be included on that list - that is if we really want to see them pay - get all the California Bills fans on here a trip to a Bills home game.

Please mail my plane tickets, and Buffalo Bills tickets to:

Loren Phillips
717 Green Sands Ave.
Atwater, Ca. 95301

I'll also take enough money to buy the equivalent of a 6 pack of beer, and a full sized meal from the stadium. And enough for a - ah what the heck, just give me round trip tickets, a ticket to the Bills game (of my choosing), money to stay at a hotel the whole time I'm on the east coast, and enough money for me to eat while I'm there too - (instead of spending the hotel money for a room at a hotel, I'll spend it on beer, and hookers/strippers, and I'll crash at a fellow bills fan's house who has a three day weekend - hookers can be expensive, so hit them up for a lot of money).

[THATHURMANATOR]

I will see what I can do UB!!!! LOL

[Ð]

Originally posted by northernbillfan
Now he sells coffee, only he's dead, so his name sells coffee. He put his name on a product, then died. Now his family is rolling in dough. Be careful not to put your name on a product, it might not sell until you're dead.

It's a sad story actually. Tim Horton's widow put all the money made from the donut store up her nose or in her arm.

Wendys now owns the company...I think his widow is living on the street or something now.

[timfromjersey]

Thurmanator,

I do not quite understand how your story went down. I mean I understand what your saying but your details sound odd. I don't know Wegmans but do know this. Security personnel in private industry do not have the legal power to arrest or hold someone (unless they are an off-duty police officer) You should not have gone with them to any room. If they really thought that you were trying to rip them off, they would have called the police. When the police would have arrived, that fact that you paid for other items while on-line and had enough cash on hand to pay for Keg would have clearly shown the oversight was on Wegman's cashier, and your initial response to correct it would have satisfied the "Real" police (unless they are jerks up by you.) In any case, even if you were arrested by real police, with a clean record, and the somewhat shady circumstances at Wegmans, the case would probably not be persued by a DA.

Also, Wegman's cannot fine you money either. They are not a legal court. What they did was to steal 250 dollars from you. Since you went with them into a closed room, you will never be able to prove that to authorities.

Sounds like Wegmans is doing some illeagal stuff up there. It would be worth it for you to consult a lawyer and follow up on this.

NEVER GO WITH SECURITY PEOPLE AT ANY COMMERCIAL ESTABLISHMENT. ALWAYS MAKE THEM CALL THE POLICE (if your really innocent) If you are really innocent and they grab you and fight you, you have an incredibe opportunity for a assault and battery, civil lawsuit, as well as an illeagal restraint one as well.

[WG]

Nicely stated tfj!!

[WCoastFin]

What ever happened after all any updates?

[Creemoredrinker]

Thurm If You Need a Lawyer...

...please let me know.

I got to this thread late in the game, but if I can help, please let me know.

[Spellbound]

I've read the post and I think some clarification is needed. First of all, I have worked loss prevention (store security) before I became a police officer. A private citizen CAN stop and DETAIN you and USE PHYSICAL FORCE to effect a CITIZENS ARREST if they have PERSONAL KNOWLEDGE that a crime occurred IN THEIR PRESENCE. The key here is "in their presence" and personal knowledge. (NYS CPL Section 140.30 and 140.35). The use of force to effect the arrest is covered in NYS Penal Law Article 35. Once the citizen's arrest has been made, a private citizen must turn that person over to the police. Even if criminally the citizen effecting the arrest is within the law, they are still subject to civil litigation. No one involved in this so far has the authority to impose a fine, only a judge after trial or plea.

It sounds to me that a citizens arrest was made on you. I think any attorney could easily argue that. You were stopped and detained. When security guards get in trouble is when they "think" someone committed a crime and act as police officers. Only police officers may can arrest someone based on probable cause. This is when the civil lawsuits come into play. Most companies don't want their personel making arrest (and getting into physical confrontations) so they can avoid any civil litigation if the security guards make a mistake or over step their bounds. According to what you said, it sounds like they did.

What the guard would have to prove is that you intentionally stole property. As previously posted, "intentionally depriving someone of property without paying for same." This can usually be proven with CONCEALMENT and NON-PAYMENT (going past the last point of payment with out paying). Kinda hard to conceal a keg. Not to say that some people haven't attempted to steal things underneath the cart, but it places the burden on the guard to prove that the person was actually stealing the item and not that a mistake was made. As a guard in this circumstance, as you described it, I wouldn't have detained you. (taken into a back room). I would have stopped you and mentioned the non-payment of the keg and then if you refused to pay, I could make a citizen's arrest. That would be the prudent move;
1) Avoid arresting someone and getting into a fight or in a situation to get sued.
2) If you were stealing and I wasn't definitely sure, I gave you an out, you could save face and pay for the product and the store gets their money, avoids civil litigation and everyone's happy.
As a police officer, if I was told of the situation as you explained it, I don't think I would have accepted the citizen's arrest.

Some guards get over zealous and in their desire to become police officers, think they will increase their chances by making numerous arrest. Word to those in Loss Prevention, numerous citizen's arrests will not increase your chances in becoming a police officer, it may actually decrease your chances depending on the circumstances around those arrest. I think that the courts have realized this and the case law has been written to curb the activities of security guards so they don't act like the police. In some circumstances security will attempt to get payment for the items in lieu off an arrest. Personally, I think $250.00 is a lot of money to pay for a keg of beer. $250.00 does sound like an amount that would be imposed by a judge as a fine, but only a judge can do that. This is what really bothers me. It doesn't sound right and unless I can get any other information, it sounds criminal.

According to what you posted, you made a mistake. They may or may not of made a mistake. I don't know what they observed or what the perception was. I know I wouldn't have acted in such a way, accorrding to what you said. As far as paying them $250.00, that's extremely questionable! If you want this to just go away, vent and then let sleeping dogs lie. If you feel you need to pursue this, contact a lawyer. Discuss the case and see where you can take it. Just remember, your pride may cost you dearly. As you have descibed this incident, it is extremely questionable and troubling. I find several things, as described, that trouble me. I know that some of my peers think nothing of arresting someone. Personally I think it is a very serious matter and take great care and pains to insure that if I arrest someone, they are deserving of an arrest and probable cause definitly exists. If you contact Wegman's, at the very least they could review their employee's activities and they may possibly be punished or fired, or not. As previously said, shop at Tops.

[NoCtUrNaL]

Re: OT: I need your support against Wegmans!!

Done and done...of course, I never shopped there before anyway, so it's not a toughy.

I go to this little bodega around the corner, there if they suspect you of shop lifting they shoot you and charge you for the bullet.


BTW...is there really a sales tax on bullets?

[Ebenezer]

something smells fishy about this whole thing.

[NoCtUrNaL]

Originally posted by Ebenezer
something smells fishy about this whole thing.

Tuna aisle 7.

[Cntrygal]

Originally posted by WCoastFin
What ever happened after all any updates?

maybe he's locked in another back room of wegman's.

[Ebenezer]

Originally posted by NoCtUrNaL


Tuna aisle 7.

[northernbillfan]

Without a doubt, this thread belongs here.