Detention and Retail Theft - Now I'm F-ing Mad

[N. A. Corbier]

Hey, folks. I just got back from meeting with Kenosha Police Department because myself and my girlfriend were detained in a McDonalds located in a convience store. The McDonalds is McDonalds Corporate Property, btw, not the store's property.

While we were eating, the owner of the convience store and a rather large man came up to us. The seats are against a dividing wall, so we were blocked as they outstretched their hands and leaned in. I did not attempt to break free - I am unarmed and the gentleman blocking me in had a tactical advantage. Besides, thie guy could of been a cop - they don't have to identify up here when doing private security.

The owner told my girlfriend that she had committed retail theft, and that they "have video of it." He then said that they couldn't see what she took, and asked her if she took anything. She stated no, and again they said, "We have video of you taking it." The man also stated that he had the police out for this, and this happened last week. So, they are detaining us both in another property for a criminal offense that was committed last week.

The man then demanded that she go with him to watch the video, and we were seperated. I got her coat and things, and decided to wait to see what was going on. The second man was large, young, and reminded me of the New York vs. Skater Guard. The one who was all though and hard, the one who I would of probally had to physically engage if I went into the "store proper."

After about five minutes without the police showing up, the young guy came up, told me that she stole the item, that they know she did it, and that I'm not allowed in his store. I asked him if the police were coming. He said "Get the **** out of my store," and then said, "Your not allowed anywhere near here, or the McDonalds either." He then raised his voice and stated that I'm not allowed near the McDonalds.

So, after meeting with the police - I was unsure of the owner's "give me 10 bucks, oh I'll keep your 20, no reciept, now get out" was a criminal offense in Wisconsin , its civil... I'm going to have a talk with McDonalds Corporate about this whole "Your not allowed on McDonalds Property because I said so." The store's general manager had no idea what to say about this, and is unsure if this order stands. McDonalds has a seperate entrance, and the business is clearly marked as a separate business at all entrances.

I have contacted McDonalds Corporate via email, and will be calling them tomorrow. My girlfriend has to figure out if she wants to file a civil claim against the store for unlawful detention, intimidation, mental anguish, and whatever else a lawyer comes up with.

For me, I see this as yet another reason that people hate private security - even though this guy isn't a security guard. He acted like the most officious and full of himself lackey I've seen in awhile. New York tough guy accent, threatening gestures, and alot of shouting. Not only this guy had me afraid, if I had to fight him, who knows what the counter people keep behind the counter. I don't wear body armor off duty. I don't wear a firearm when out - I can't. So all I can do is bring a knife to a gunfight with an over-eager store clerk who's paid minimum wage.

[wisconsinite]

Corbier, check out WI Statutes, Chapter 942, which addresses Crimes against reputation and civil liberties. Also check out WI Statute 947.013, which addresses harassment. Then talk with Kenosha PD to see if they can or will charge the 300lb. burger-flipper with any applicable statute. If the PD will, secure a lawyer, take that minimum wage earning disgrace of humanity to the cleaners LMAO.
Best of Luck!

[Mr. Security]

Did you ask them if you or your girlfriend were under arrest when they insisted that she come with them to see the video? Did they ever say that you were not free to leave or were being detained?

Since they reported the matter to the police a week before, did officers respond, and if so, did the police assign a case number or make any statements in the narrative for the call?

Why didn't they try to detain your girlfriend when it allegedly happened?

[N. A. Corbier]

Corbier, check out WI Statutes, Chapter 942, which addresses Crimes against reputation and civil liberties. Also check out WI Statute 947.013, which addresses harassment. Then talk with Kenosha PD to see if they can or will charge the 300lb. burger-flipper with any applicable statute. If the PD will, secure a lawyer, take that minimum wage earning disgrace of humanity to the cleaners LMAO.
Best of Luck!

I have a date with Kenosha Joint Services to pull up the entire Calls for Service for that address. (Here's a hint: Gas station, McDonalds, Downtown Kenosha, Sheridan Road.)

I wish this guy was a burger flipper. The big guy worked for the convience store, appeared to be the owner's son.

That's the big thing. They were OFF property, and this was NOT a breach of the peace.

I talked with the KPD officer who responded about unlawful detention. He was visibly afraid to touch this issue, most likely because there's no video evidence to back this detention up.

[N. A. Corbier]

Did you ask them if you or your girlfriend were under arrest when they insisted that she come with them to see the video? Did they ever say that you were not free to leave or were being detained?

Since they reported the matter to the police a week before, did officers respond, and if so, did the police assign a case number or make any statements in the narrative for the call?

Why didn't they try to detain your girlfriend when it allegedly happened?

They were doing the rapid speech thing. "You did this. Did you do this? We know you did this. Your going to come with me to see the video, right?" It took about 45 seconds for this to occur.

They did not state that we were being detained, they physically surrounded us while seated, blocking our ability to leave, and refused to move when I pushed my chair back. At that time, I was at a tactical disadvantage, and I feared "making a point to get up," as if he knocked me down, it's on, and I don't want my girlfriend hurt.

I have to find out if these folks ever called KPD. The police officer responding believes they did not.

There is no indication that they ever attempted to detain her as she exited, I was with her during this alleged theft. I am the type of person who is hyper-alert to people who look out of place, so I was aware that we were being observed during our stop in there. However, I've also noticed that the owners observe just about everyone. There was no indication that they wanted to make a stop. The big guy was the type of guy who'd do a running tackle of my girlfriend without announcing, which means it would of not been pretty.

She believes that this was some sort of extortion, or that they're "Getting even for her theft since we can't charge her." I believe this to be some type of type of stupidity - I'm unsure if its criminal stupidity.

She's looking into a lawyer for a civil suit. I don't blame her.

[Bill Warnock]

Did you ask them if you or your girlfriend were under arrest when they insisted that she come with them to see the video? Did they ever say that you were not free to leave or were being detained?

Since they reported the matter to the police a week before, did officers respond, and if so, did the police assign a case number or make any statements in the narrative for the call?

Why didn't they try to detain your girlfriend when it allegedly happened?

N.A., you have a right to have tight jaws. As Mr. Security intimates, they kept you from leaving, denying you freedom of movement which equates to an arrest. I really feel sorry for your girlfriend.
Something just came to me! Could this have to do with your employment, instant or in the past, any previous arrests of persons who might be related to the unfriendly giant?
I'd love to know how this comes out.
Enjoy the day and if possible, gut them like a fish!
Bill

[wisconsinite]

Well, if no Statute would apply, and KPD is unwilling to do anything without video evidence, (which is unlikely to exist), what's left to do? Roll over and play dead? NOT me! One way or another, someone needs to feel the wrath. It's a matter of pride and principle now.

[N. A. Corbier]

Well, if no Statute would apply, and KPD is unwilling to do anything without video evidence, (which is unlikely to exist), what's left to do? Roll over and play dead? NOT me! One way or another, someone needs to feel the wrath. It's a matter of pride and principle now.

Civil. Loss of Profit.

Bill: Unforunately, nobody around here knows I carry a badge, or who I am. There are people on a local (popular) forum who know my name, but it was never given out in this instance. Identifying me is a bit hard, as I take steps to ensure that you can't just "look me up."

Disclaimer: Yes, I know I'm in Dunn and Bradstreet, and that googling my name gives more than 1,000 hits. But, anyone coming to our apartment for the purposes of stupidity will not be leaving in the same method of arrival.

This idiot wasn't focused on me. This guy was focused on my girlfriend, both of them. I was, for all intents and purposes, the guy who's always with her.

That's what made this so unreal. If it were me accused, it would of ended with someone going to jail. But, it was her. Who was scared to death of the men yelling at her, and worse, the police coming and yelling at her, as well.

[Mr. Security]

.....
They did not state that we were being detained, they physically surrounded us while seated, blocking our ability to leave, and refused to move when I pushed my chair back. At that time, I was at a tactical disadvantage, and I feared "making a point to get up," as if he knocked me down, it's on, and I don't want my girlfriend hurt.

I have to find out if these folks ever called KPD. The police officer responding believes they did not....

These people are pushing it. If they had actual video of your girlfriend shoplifting, the proper procedure is to call the police and if the police investigation revealed a crime, (I'm not saying that she did anything) they would submit a warrant to a judge for your girlfriend's arrest. They have no authority to make an arrest one week after the fact. Blocking you in is illegal, but probably will end-up being a he said-she said situation w/o CCTV or witnesses.

After you get any information from the police, consulting with an attorney can't hurt. I'd love to be a bug on the wall while her attorney takes a deposition from these two "gentlemen."

[hemi444]

Civil. This idiot wasn't focused on me. This guy was focused on my girlfriend, both of them.

NA,
You are a better man than me because I would have taken a bloody nose or something. Unless it is a L/E I will never let my girlfriend go with someone that approaches her in that matter even if they are LP.
Good luck with the lawyer