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I was not read my miranda rights for shoplifting under $50 worth of merchandise.

Fort Smith, AR |

One of the persons from the store questioned me about the incident without reading me my miranda rights. Is this acceptable?

Attorney Answers 4

Posted

Yes. The store cops aren't obligated to read you your Miranda rights,money state agents, like the police).

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Asker

Posted

Thank you Mr. Kohlmeyer

Posted

Miranda warnings apply to custodial interrogations conducted by the police or law enforcement. Private citizens including security officers do not need to read Miranda before questioning.

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Asker

Posted

Thank you Mr. Jaleel

Posted

You said that one of the people from the *store* questioned you. The Miranda warnings typically only come into play when you're being interrogated by a police officer or government investigator - not by your boss or internal company security.

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Asker

Posted

Thank you Mr. Pickard. I wasn't read my miranda rights by anyone, but I wasn't "interrogated" either.

Posted

Miranda does not apply to private citizens being questioned by someone other that government agents. An argument may be made that loss prevention officers are acting with the authority and cooperation of the police, but that argument would likely fail.

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Asker

Posted

any other arguments that might NOT fail?

John C. Collins

John C. Collins

Posted

Depends on a number of factors. Was there video? Had you left the store? Was the merchandise concealed? Who is the judge? Call an attorney in your jurisdiction for more specific answers. There are a number of things to consider on a theft charge. You may be able to get a deferred sentence. Or with the right judge and the right facts, you may be able to make the argument that the store employees are nothing more than agents of the police. Particularly if they are employed solely for the purpose of theft apprehension and have had specialized training. You may also want to consider that this time of year many of the employees are seasonal empires and may not be in court three months from now when they are working elsewhere.

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