Accused of Shoplifting in Target?

A few weeks ago I was out with my sister shopping in target. My sister ran out of the store, I had to run after her so that she would not leave me. I had the cart with me, and had every intention of paying for my merchandise that was in the cart. Apparently security did not feel that way and brought me in. They called the cops. When the cops arrived he checked my text messages on the phone. Did he have the right to do that? He says I was texting my sister to leave, which I was not. Is this allowed? Also, should I fight this? is it even worth fighting it in court?

Your stated intention to return does not override your action of leaving the store with merchandise that you had not paid for.

I don't believe your story. If you were in a hurry to catch your sister, you would have caught up with her faster with out the cart.

The officer can check your phone if you gave it to him. It all depends on the details of what happened.

You can fight it all you want, however the only thing that will come of the whole text message issue is that you could have any evidence discovered on your phone thrown out if it was obtained illegally. It won't make the theft charge go away.

You should of course discuss this with a defense lawyer. if you can't afford one, one can be appointed to represent you. Perhaps you can plead guilty in exchange for a better deal. I don't think you will beat the charge, they have witnesses and most likely video tape.

If they had probable cause to believe that you were shoplifting, and you gave them the phone, they had every right to search it. But if you refused and asked for a warrant, and they searched it anyway, then THAT at least is worth fighting. But honestly, the way it works is your word, your sister's word and the security guard's word. If there are cameras, and they are going to prove that you left the store with merchandise. So, your best bet is to get an attorney. The most you will get is probation for your first offense if you agree to a plea deal.

You WERE shoplifting. If your story was true, you should have LEFT the cart in the store. It would have INCREASED the chance of catching your sister. As for checking your cell phone, the officer needs either a warrant or PERMISSION. If you handed him the phone when asked, he had permission.

Are you being 100% honest? Something doesn't feel right about this. What did the text messages say? (Yes, they have the right to view them) I doubt it's worth fighting ... they got their merchandise back, so the punishment should be minimal. Good Luck!

No, i dont think the police are allowed to check your messages, even if they do attempt to, i think they are at least supposed to ask your permission.

did you hand him your phone ?
or did you say "No !"

you sound guilty

why run With the cart ??
you could have run faster with out it !

Running out of a store with unpaid merchandise isn't a good idea. You probable should have left the cart in the store. As long as you had no incriminating texts, you shouldn't fight that. IF they found texts that prove your guilt, i would strongly suggest asking for that evidence to be dismissed. The police had the right to arrest you on the spot, and bring you to jail, where all of your belongings would have been gone through. They believed your phone was evidence, which gives them the right to take it. They can even do that with your house if police suspect a crime happened there. Basically, don't fight it if you're innocent.
You can plead innocent, but dont bring up the whole cell phone thing. The less you piss the judge off, the better. You can bring up the fact that they read your texts, and nothing incriminating was found, that would help you a small bit.

Yes, the police, security or Loss Prevention can check your text messages to see if you were in fact telling your sister to leave the store.

If you had to run after her & was going to purchase everything- why didn't you just leave the buggy inside the store- before you got to the checkout area, go out & get her, come back in, grab your buggy & go to a register & check out?

Is it worth fighting in court?
That all depends on if you were honestly going to purchase the items & leave the store legally with them or if you are using that as an excuse to try to get away with shoplifting.
Either way, it's your money.

I really have a hard time believing you, based on what you have provided in your question above.
I may have believed you if you had left the buggy inside the store before you crossed the checkout area when you ran outside after your sister.

Buggy
if you ask- I'm old school. It was called a shopping buggy long before it was called a shopping cart.

Target sells cheap junk. Go to Newman Marcus instead.