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Category: Criminal Law
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I was following out of a grocery store, a man took down my

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I was following out of a grocery store, a man took down my license number when I asked him what he was doing he replied...You know what i am doing. after a short conversation I realized he suspected me of shoplifing but would not say so. He said he has me on tape and was turning me into the state police. When i asked him what for he would not say. Question is can you be prosecuted for shoplifing by just a survalliance camera?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Guru_Guy replied 6 years ago.

Hello,

If the surveillance camera records a person actually stealing an item, a reasonable judge or jury could find that sufficient evidence to prosecute a person.

However, most surveillance cameras have either very poor quality or are not set properly so that one can actually identify the person and see exactly what they are doing. Clearly identifying you may be difficult. The fact that he has your license number does not prove you were driving the car that day.

If police come to question you about this, they will try to get you to say something admitting that you are the person in the tape or were at the store, which would help to build their case. If questioned by police, it is best to tell them that you will not discuss the matter until you are represented by an attorney. If you say that, they can no longer question you.

But to your question, if the tape clearly identifies you, and records you stealing an item, that could be enough for a conviction by itself.

I hope this answers your question.

__________________

Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.
Customer: replied 6 years ago.

If they claim this was a week ago or days ago I forget when this tape was supposidly from, I think he said last week. Wouldn't I have had to be detained then?

Expert:  Guru_Guy replied 6 years ago.

Police may take longer than a week on pursue the matter since shoplifting is not usually a priority for police. But the longer it takes the less likely the police will pursue the matter. If it goes three or four weeks it is unlikely they will ever pursue it. Of course the statute of limitations for bringing such a charge is much longer, but if police don't bother to pursue within a few weeks, it is unlikely they ever will.

__________________

Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.


Guru_Guy, Lawyer
Category: Criminal Law
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Experience: Attorney trained in criminal law matters, and many years of advising on such matters..
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