Someone i know was accused of shop lifting but he had no merchandise on him but cameras say otherwise. guilty?

Question

he was accused and he had no merchandise yet police say they have video evidence that has him putting the merchandise in his pockets can they get him for shop lifting

Answer 1

They have no case if he didn't attempt to leave the store with the goods.  MOVING something within the store is not illegal.

Answer 2

No...it is not a crime to place anything in your pockets in a store.

You can walk anywhere in the store all day long with items in your pockets...once you leave the store passing the registers, or checkout, then you have shown the intent of not purchasing the items in your possession.  

Back to the question...where is this merchandise that they claim?  where is the evidence of the merchandise?  are you trying to tell me, that no evidence...IS evidence?  

Let us say, that you play the camera...and you pretend to place something in your pocket in full view of the security camera...and you actually had nothing in your hand...what crime did you just commit?  none...it is not a crime to put you hand in your pocket in a store...

Answer 3

Simply stated, NO.  

Answer 4

Yes, in many states the mere fact of hiding something within the store (put in pockets, purse, shopping bag, inside other merchandise, etc) qualifies as "shoplifting", regardless of whether the hidden merchandise was taken away from the store.  Circumstantial evidence is still evidence, and if there is not a believable story to contradict the implications of the video tape, then he's going down for what appeared to be a crime.

Answer 5

It is up to the jury to decide if he put stuff inhis pockets with the intent to steal.  The explanation is that he dumped it or hid it before being caught.  Some jurors will be persuaded that he did it and some might not.    

Answer 6

Yes.  If he is not stopped and had a chance to run out of camera range, then it can be implied that dumped the goods.

Answer 7

.   YOu are right to question this.  The presumption in America is that he is innocent.