If no one saw you shoplift can they make an arrest?

my brother recently shoplifted a Videogame at a store, and he's POSITIVE there were no cameras or people that could have seen him do it but he said they stopped him and asked him to come into the back, where they said he was not under arrest but they said they knew he took a game. i'm guessing it was because he had it with him on one security moniter, but after leaving another isle, didnt have it. i just wanted to know if his rights have been violated; and if there allowed to do that. and if he hadent been aproached or said "if im not under arrest then im leaving" could they send law inforcment to our home to arrest him? do you think we have a counter suit?

You mean your brother stole a videogame and instead of scolding him for it, or making him be accountable for what he chose to do, you want to find a loophole to let him keep it without paying any consequences? And, furthermore, you want to see if you can make the store pay him for HIS inconvenience?

Shame on you, and on him!

No, you can't sue the store. But there's a chance you could sue your parents for breeding, because stupidity is obviously genetic in your family.

You should report it immediatly to a clerk and stay out of it. What if the person has a weapon? Your not a policeman. Don't try to be a hero.

he broke the law they saw him take something and conceal it on camera. get a good lawyer5 your scumbag brothers going to jail. no you cant sue he committed a crime he wasnt violated the store he robbed was

"If no one saw you shoplift can they make an arrest?" - Yes.

A countersuit? Are you nuts? He's lucky to have gotten off as he did. Learn a lesson here and grow up.

Believe me, they know. He's lucky he wasn't arrested at all.

Next time may be worse.

I agree 100% with the people above me.

You're both wrong. Someone DID see him shoplift, or they wouldn't have taken him into the back to tell him so.

None of his rights have been violated, and you have no counter suit. You can always try, but you'll be wasting your money on a lawyer who knows the case will be thrown out before it gets anywhere near a judge. You can make a stink about it if you want, but your brother will be banned from the store either way.

If they told him he was not under arrest, then yes he could have left whenever he wanted. And yes they can send law enforcement to your home to arrest him if they find physical evidence and witnesses (you know, the cameras and security monitors and store clerks that your brother is POSITIVE weren't there, but actually were).

They must have had some reason to believe he did it. And since, according to your post, he was guilty, there is no way a court would seriously consider a law suit that you filed against the store. How would his rights have been violated?

If they told him he was not under arrest, then yes, he could have said I'm leaving. If they had tried to detain him further you could file kidnapping charges. But then they could just decide to hold him until the cops get there and have him charged with shoplifting.

And yes, if he left they could have sent the cops to your home to charge him with shoplifting. In fact, they could still do that now even though he cooperated with them. I don't know how they would learn where you live though.