Monday, October 13, 2014

Trespass / Trespass Warning / Walmart / Arrest / Cops / Police / Obstruction / Obstruction of Justice / Disorderly Conduct / Resisting Arrest / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:   I did not commit a crime yet I was given a trespass warning.  Today I was shopping in Walmart with my husband, 8 month old, my disabled cousin and my brother. In April of this year my brother was arrested for shoplifting and was given a trespass warning. We did not realize when you are trespassed it is good for a year we thought it was 6 months and that his trespass was over. Today while shopping deputies approached us as a group and started questioning my brother in the middle of the store. When asked what was going on the deputies became rude and continued asking questions. Two loss prevention associates were also present (we did not know they were Walmart employees because they did not address themselves as such). They were laughing and giggling like average civilians.  I had asked why the two associates were standing so close as we did not know they were employees of Walmart.The employee then said to me I work for Walmart and its none of your business. I started getting agitated as the deputies presence was drawing a crowd and my 8 month old was present I asked why the police couldn't take my brother to a private place instead of embarrassing not only my brother but my entire party as well Besides my brother not realizing he was trespassing we did nothing wrong we didnt commit a crime against Walmart or its associates to be treated with such utter disrespect.When I asked why we were being trespassed they said because of my tone and being with a previously trespassed person Rather than make an arrest in private they did so in front of the entire store and my brother in no way was disrespectful nor in a position which required for an immediate arrest to be made so publicly. Is there any recourse available.

A: Licensed in FL
Michael Adam Haber


Contributor Level 20


Lawyer agrees
Answered No offense meant, but you were out of line.

Not that they should, but the cops can - and do - act rudely. They are all business and are generally intolerant of folks, anyone, getting in between them and their business.

When someone is being detained, questioned, arrested - whatever it is that the police may be doing with them - you are always best advised to stay out of it.

If you wish take out your cell phone and record the incident - this may ultimately prove helpful to the person who is arrested but even if it isn't it remains a more productive, safer and all around better use of your time - or you may even call a lawyer, but whatever you do, right, wrong or indifferent, please don't insert yourself into it, not even peripherally.

Getting into the cops' business, even when done politely and as a truly concerned person, is almost never going to be accepted or appreciated by the cops. Rather, it is likely to fuel the proverbial fire and help to get the cops to be even more more assertive and aggressive than they otherwise should / could / would have been.

Regardless, if you feel that Walmart Loss Prevention officers acted in an unbecoming fashion then you are free to go to Walmart and file a grievance against them. In fact, if you think that the cops overreacted then you can file a complaint against them too. Just remember that in this particular instance your brother was in a place, a private establishment, where he was not only not welcome but was not lawfully entitled to be, and you were, knowingly or not, therefore with someone who was subject to arrest.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

Michael A. Haber, P.A.:  Zealous criminal defense advocacy since 1991 for both juveniles and adults, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  At Michael A. Haber, P.A. "its all about reasonable doubt"!

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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