Missouri Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager

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US-02212BG
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Description

False imprisonment is defined as consisting of unlawful restraint against the will of an individual's personal liberty or freedom of locomotion. Unlawful detention is the basis of false imprisonment. It is also defined as any intentional detention of the person of another unauthorized by law.


False imprisonment is confining or physically restraining a person, such as by being locked in a car, being tied to a chair or locked in a closet, with no legal authority to hold the person. It is similar to a charge of kidnapping and it usually occurs in conjunction with a false arrest. False imprisonment is often a crime and if proved is almost always the basis of a lawsuit for damages.


Any intentional detention of the person of another not authorized by law is false imprisonment. It is any illegal imprisonment, without due process or under a false authority, without consideration of whether any crime has been committed or a debt due.

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  • Preview Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager
  • Preview Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager
  • Preview Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager

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FAQ

Stealing property or services worth less than $150 can result in a fine of $500 for a first-time offender. However, when the value is between $150 and $500, the penalties are much harsher and include a fine of up to $1,000 with a maximum one-year prison sentence.

5 Steps To Take If You're Wrongfully Accused of Theft Step 1 - Calm Down. A false accusation of theft is frightening because it could land you in jail. ... Step 2 - Look for Evidence. How do you prove you are innocent when accused of stealing? ... Step 3 - Understand Your Rights. ... Step 4 - Don't Talk. ... Step 5 - Work with a Lawyer.

Perhaps a bit surprisingly, the state of Missouri doesn't technically have shoplifting laws on the record. Instead, shoplifting is prosecuted under the state's stealing laws, which carry penalties that range from a day in jail and a $1,000 fine to ten years behind bars on top of $10,000 in fines.

Penalties will usually be divided into misdemeanors or felonies. Misdemeanors are a lesser penalty in comparison to a felony. They will come with a jail sentence that will be less than a year and a smaller fine that will have to be paid. On the other hand, a felony can be severe.

Class D Misdemeanors in Missouri Class D misdemeanors are fine-only offenses, meaning there's no possibility of jail time. The maximum fine is $500. Driving with a revoked license, unlawful possession of drug paraphernalia, and minor in possession of alcohol are examples of class D misdemeanors.

They have a qualified immunity from liability if they acted within the scope of their employment. However, false accusations of shoplifting could be a valid basis for a lawsuit against Walmart.

Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment, may detain such person in a reasonable manner and for a reasonable length of time for the purpose of ...

Missouri law has two different classifications of felony theft. If the value of the property or services is valued between $750 and $25,000, it is considered class D felony stealing. If the value of the property or services is valued at more than $25,000, it is considered Class C felony theft.

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Missouri Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager