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Shoplifting, concealment, liability presumption


From: Alexander Terekhov
Subject: Shoplifting, concealment, liability presumption
Date: Tue, 04 May 2010 16:07:08 -0000

For stupid dak, in English now.

Here's a typical shoplifting statute.

http://law.justia.com/missouri/codes/t36/5370000125.html
(§ 537.125. — 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. 

(L. 1961 p. 571 ?? 1, 2, 3, A.L. 1985 H.B. 225) 

(1972) This section adds to previously existing law a presumption that
the willful concealment of property supplies the intent to steal. It is
still, however, a jury issue as to whether there existed a willful
concealment. The presumption is rebuttable by evidence such as that
accused placed the tape recorder batteries in his pocket to aid in
inspecting a magazine on a rack, and that he had no intent to steal.
Schwane v. Broger Company (A.), 480 S.W.2d 113. "

Here's more:

http://www.njshopliftinglawyer.com/lawyer-attorney-1426510.html

"Concealment. The shoplifting statute is also intended to address a
person purposely concealing merchandise offered for sale by a merchant.
“Conceal” means to obscure an object such that it is not visible through
ordinary observation. The concealment must be undertaken with the intent
to consummate a theft. Intent is presumed where an individual conceals
merchandise yet to be paid for. This presumption may be rebutted through
presentation of evidence manifesting innocence."

regards,
alexander.

P.S. "I'm insufficiently motivated to go set up a GNU/Linux system 
so that I can do the builds."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

--
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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