Attempted Shoplifting at Wal-Mart?

I was going into Wal-Mart with no intention to steal. I entered saw a game and thought about stealing it. I took it and I then unwrapped it but then thought against it. I left it and proceeded to walk out the store. The security then stopped me and detained me for attempted shoplifting and destruction of property. What I would to know is what he was legally able to do. (I.E. Take down information, detain me to begin with, call police.) I am 18 but I live in the state of NE and over here 18 is considered a minor (19 is legal age.) Thanks for any answers I may recieve.

Well the package was unwrapped but still resellable. I didnt break any seals that were on. I didn't admit to but he kept pushing me to admit the whole time. Will have to pay a fine or anything? He didn't say I would but then again I don't trust their word for it.

They were breaking the rules by stopping you. You could actually sue them if you were that kind of person. Walmart is never to stop anyone unless they haqve the product on them. You could walk into the store, put items in your pockets, shop around and then before you leave drop them on the floor. They cant to jack to you. Also they should be able to show you on camera, and they cannot lose sight of you for even 1 second, if they lose sight, they have to stop following you. You could also use the argument that the wrapping was falling off, and you decided you didnt want an open game. Anyway, sorry to ramble on, they cant get you for anything, no charges, no cops, no nothin.

well, walmart cannot convict you of a crime only the prosecutor can...if you didn't admit to a crime and you weren't caught on video then the only evidence is a store security guard (who probably won't even get the day off to testify) so hire an attorney and have them screw around with the trial date enough that the security guard won't show up as a witness

How much was it?

Wal-Mart does not prosecute theft or attempted theft under $50.

Did you ask to see the tape?? If there is essentially no proof it could be defamation of character...

But if you had the guiltiness spill out of you that instant, your rights are few and far between.

First Wal Mart does indeed prosecute for thefts or attempted thefts of less than $50. I don't know what they can and cannot do but the best advice I can give you is to never again be tempted to take what you cannot buy.

Yes it was legal for them to do it. By unwrapping their property they can say you destroyed it since they can not resale it.

Yes they can detain you, by taking the wrapper off the package you were attempting to shoplift. The fact that you put it back only means you weren't guilty of shoplifting...the attempt remains. Also, you state it was "unwrapped but still resellable." In your opinion maybe. It may be resaleable at a marked down price but given the option of purchasing a game wrapped or unwrapped, a person will buy the game wrapped as they know it has not been tampered with. Being in retail myself, I know for a fact that once something is unwrapped, you have a hard time selling it unless you mark it down. SO, you've diminised the value of the product (at the very least), and in the case of Wal-Mart's policies, you may have rendered the item unsaleable. The answer to all your questions is yes. Yes they can take your information, yes they can detain you and yes they can call the police. The fact that you are still considered a minor in NE is irrelevant, you can still be detained, arrested and prosecuted.

Okay...the destruction of property is fairly clear-cut. I assume they have you on tape opening the package. The attempted shoplifting is a gray area...the loss prevention officer does not possess psychic abilities and doesn't know what your intentions were. It doesn't sound like he did anything that was inappropriate...you did open the package, he detained you and took down your information, etc...that's what store detectives do.

Let's be honest here, if you hadn't been stopped, the next time you went in you probably would have followed through with stealing a game. This was, whether or not you admit it, a practice run.

You're lucky that you're a minor, because the record will probably be sealed. If you didn't admit to anything (for example, you didn't say that you were thinking of taking it and then changed your mind) then you can probably say that you opened the package to see the design on the disk, or something like that...it will sound stupid, but sometimes people do stupid things. Probably if you offer to pay for the damaged package, they will let it go at that. You can't ask them if you can keep the game when you offer to pay for it, though...don't even try. And don't go back to that Walmart for a good while, if ever.

EDIT: Walmart doesn't detain someone unless they have proof on video. If the loss prevention people were watching you on camera, it is recorded. They've got it all computerized and are able to store amazing amounts of data. You also can't tell if there's a camera on you or not. Some of the cameras in the domes rotate and are controllable from the loss prevention office, so if you thought you were off camera, they probably have you from at least three different angles. They can zoom in too...even 10 years ago when I last worked in a large retail store, the camera systems had the ability to zoom in well enough to read the name and DOB of someone from their driver's license at the checkout.

Generally speaking, if you commit a crime, a store owner/employee can stop you and detain you until the police arrive. The theory behind this is that a citizen can prevent a crime from occurring or deter and detain criminals; however, the citizen must be correct in their belief. If a person did not commit a crime then detaining that person is false imprisonment and may result in civil law penalties.

EDIT: Additionally, attempt crimes are what are called inchoate crimes (which covers attempt and conspiracy). In most states an inchoate crime that is abandoned, such as in your case, can not be charged. The theory behind attempt charges is that you would have gone through with the crime but you were stopped or interrupted by some outside force. If you voluntarily abandon the crime then you withdraw the intent portion of the offense.