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i had some shoplifters in my retail store and a police officer saw them stealing and asked them to step outside. he said since he asked them to step outside, the case would be thrown out of court. he gave me all their info and said i should send them certified letters of order of no trespass. Didn't know if i needed to do this through the local courthouse or if i could just write a standard letter asking them to return to our business or if there was a template to use.
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Actually, the individuals were told to come outside by the officer. Their assumption is that they were already caught and were obeying orders from the officer. Until they leave the property with the pocketed item it is not shoplifting. Therefore, he caused them to commit the crime (entrapment) by causing them to leave the property.
Had he watched and waited for them to leave the property on their own it would have been shoplifting as soon as they stepped past the line. Had he told them to take the items out of their pockets (purses, whatever) and then leave the store, but they didn't unload the items and left it would have been shoplifting. But, he ordered them to come outside before they had actually committed a crime.
Their attorney would have to be absolutely horrible to not get them out of this... and the officer needs to have a better understanding of the law so that he can do his job better.
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