Dale Peterson Arrested After Restroom Break, Charged With Shoplifting

[TruthOut10]

Dale Peterson, a former Republican candidate for Alabama agriculture commissioner known for an ad hitting "thugs and criminals" that "don't give a rip," says he will attempt to get a shoplifting charge dismissed.

Peterson was stopped by employees at a Wal-Mart after taking a shopping cart of beer and paper towels past the store's cash registers without paying. He claims he was rushing to the bathroom, not trying to steal beer.

Peterson was arrested Oct. 15 on a charge of third-degree theft of property, the AP reports:

Dale Peterson Arrested After Restroom Break, Charged With Shoplifting

 

[MeBelle]

Should have read past the first paragraph:

Peterson said he rolled his shopping cart past the cash registers, parked it outside the restroom, and got stopped by store security when he emerged from the restroom. He said he never left the store, and he didn’t know it was considered shoplifting “once you pass the cash registers.”

Dude didn't even make it out the door!
How can that be shoplifting when he didn't even have the goods in his hands when he was arrested?

What a world we live in! lol

 

[Rozman]

The guy probably had to poop!....

 

[jtpr312]

I've never heard of a jurisdiction where passing the cash registers with a loaded cart is considered shoplifiting. Pretty stupid considering most walmarts have numerous kiosks in the front of their stores which are past the cash registers, that are selling goods and services, things like their banks, fast food shops, eye glass depts, game rooms, nail salons, bulk items like soda cases, etc. Sounds bogus. Sure he'll beat it probably the charge will be dismissed and wouldn't be surprised if Wal-mart is faced with a law suit over this.


The law is quite clear in Alabama as pertains to shoplifting and he didn't break the law. Just bs to smear a Repbulican.

Section 13A-8-2 - Theft of property - Definition.
A person commits the crime of theft of property if he or she:

(1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property;

(2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property;

(3) Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement agency as being stolen; or

(4) Knowingly obtains or exerts unauthorized control over any donated item left on the property of a charitable organization or in a drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a charitable organization.

Seems like the Wal-Mart Employee, in an attempt to play Police Officer, made a mistake. Good thing in Alabama he cannot personally be held civilly liable for his actions, but Wal-Mart can be held liable for his actions due to negligent training, supervison etc.

 

[Oldguy]

I've never heard of a jurisdiction where passing the cash registers with a loaded cart is considered shoplifiting. Pretty stupid considering most walmarts have numerous kiosks in the front of their stores which are past the cash registers, that are selling goods and services, things like their banks, fast food shops, eye glass depts, game rooms, nail salons, bulk items like soda cases, etc. Sounds bogus. Sure he'll beat it probably the charge will be dismissed and wouldn't be surprised if Wal-mart is faced with a law suit over this.


The law is quite clear in Alabama as pertains to shoplifting and he didn't break the law. Just bs to smear a Repbulican.

Section 13A-8-2 - Theft of property - Definition.
A person commits the crime of theft of property if he or she:

(1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property;

(2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property;

(3) Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement agency as being stolen; or

(4) Knowingly obtains or exerts unauthorized control over any donated item left on the property of a charitable organization or in a drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a charitable organization.

Seems like the Wal-Mart Employee, in an attempt to play Police Officer, made a mistake. Good thing in Alabama he cannot personally be held civilly liable for his actions, but Wal-Mart can be held liable for his actions due to negligent training, supervison etc.

To fully understand that section of the law, you have to go back to the previous section which includes definitions:

Code of Alabama - Title 13A: Criminal Code - Section 13A-8-1 - Definitions generally - Legal Research

 

[jtpr312]

I've never heard of a jurisdiction where passing the cash registers with a loaded cart is considered shoplifiting. Pretty stupid considering most walmarts have numerous kiosks in the front of their stores which are past the cash registers, that are selling goods and services, things like their banks, fast food shops, eye glass depts, game rooms, nail salons, bulk items like soda cases, etc. Sounds bogus. Sure he'll beat it probably the charge will be dismissed and wouldn't be surprised if Wal-mart is faced with a law suit over this.


The law is quite clear in Alabama as pertains to shoplifting and he didn't break the law. Just bs to smear a Repbulican.

Section 13A-8-2 - Theft of property - Definition.
A person commits the crime of theft of property if he or she:

(1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property;

(2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property;

(3) Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement agency as being stolen; or

(4) Knowingly obtains or exerts unauthorized control over any donated item left on the property of a charitable organization or in a drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a charitable organization.

Seems like the Wal-Mart Employee, in an attempt to play Police Officer, made a mistake. Good thing in Alabama he cannot personally be held civilly liable for his actions, but Wal-Mart can be held liable for his actions due to negligent training, supervison etc.

To fully understand that section of the law, you have to go back to the previous section which includes definitions:

Code of Alabama - Title 13A: Criminal Code - Section 13A-8-1 - Definitions generally - Legal Research

Did that dude read the whole thing left this portion out becuase it's irelevent. Nothing in the defintion's section supports shoplifting as taking something past the cash register.




Section 13A-8-1 - Definitions generally.
The following definitions are applicable in this article unless the context otherwise requires:

(1) DECEPTION occurs when a person knowingly:......................

(2) To "DEPRIVE ..." means:

a. To withhold property or cause it to be withheld from a person permanently or for such period or under such circumstances that all or a portion of its use or benefit would be lost to him or her; or[/B

]b. To dispose of the property so as to make it unlikely that the owner would recover it; or

c. To retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or

d. To sell, give, pledge, or otherwise transfer any interest in the property; or

e. To subject the property to the claim of a person other than the owner.


(6) OBTAINS. Such term means:

a. In relation to property, to bring about a transfer or purported transfer of a legally recognized interest in the property, whether to the obtainer or another; or

b. In relation to labor or service, to secure performance thereof.

(7) OBTAINS OR EXERTS CONTROL or OBTAINS OR EXERTS UNAUTHORIZED CONTROL over property includes but is not necessarily limited to the taking, carrying away, or the sale, conveyance, or transfer of title to, or interest in, or possession of, property, and includes but is not necessarily limited to conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, larceny by conversion, embezzlement, extortion, or obtaining property by false pretenses.[/B]

(8) OWNER. A person, other than the defendant, who has possession of or any other interest in the property involved, even though that interest or possession is unlawful, and without whose consent the defendant has no authority to exert control over the property.

A secured party, as defined in Section 7-9A-102(a)(72), is not an owner in relation to a defendant who is a debtor, as defined in Section 7-9A-102(a)(28), in respect of property in which the secured party has a security interest, as defined in Section 7-1-201(37).

Nothing here even remotely resembles what the man did. He parked his cart, IN THE STORE, and went to the rest room. At no time did he deprive the owners of the property , at no time did he attempt to take the property off the premises, at no time was the store not in control of the property. This is a wrongful arrest and the wal-mart employee screwed up.

 

[Oldguy]

I've never heard of a jurisdiction where passing the cash registers with a loaded cart is considered shoplifiting. Pretty stupid considering most walmarts have numerous kiosks in the front of their stores which are past the cash registers, that are selling goods and services, things like their banks, fast food shops, eye glass depts, game rooms, nail salons, bulk items like soda cases, etc. Sounds bogus. Sure he'll beat it probably the charge will be dismissed and wouldn't be surprised if Wal-mart is faced with a law suit over this.


The law is quite clear in Alabama as pertains to shoplifting and he didn't break the law. Just bs to smear a Repbulican.

Section 13A-8-2 - Theft of property - Definition.
A person commits the crime of theft of property if he or she:

(1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property;

(2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property;

(3) Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement agency as being stolen; or

(4) Knowingly obtains or exerts unauthorized control over any donated item left on the property of a charitable organization or in a drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a charitable organization.

Seems like the Wal-Mart Employee, in an attempt to play Police Officer, made a mistake. Good thing in Alabama he cannot personally be held civilly liable for his actions, but Wal-Mart can be held liable for his actions due to negligent training, supervison etc.

To fully understand that section of the law, you have to go back to the previous section which includes definitions:

Code of Alabama - Title 13A: Criminal Code - Section 13A-8-1 - Definitions generally - Legal Research

Did that dude read the whole thing left this portion out becuase it's irelevent. Nothing in the defintion's section supports shoplifting as taking something past the cash register.




Section 13A-8-1 - Definitions generally.
The following definitions are applicable in this article unless the context otherwise requires:

(1) DECEPTION occurs when a person knowingly:......................

(2) To "DEPRIVE ..." means:

a. To withhold property or cause it to be withheld from a person permanently or for such period or under such circumstances that all or a portion of its use or benefit would be lost to him or her; or[/B

]b. To dispose of the property so as to make it unlikely that the owner would recover it; or

c. To retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or

d. To sell, give, pledge, or otherwise transfer any interest in the property; or

e. To subject the property to the claim of a person other than the owner.


(6) OBTAINS. Such term means:

a. In relation to property, to bring about a transfer or purported transfer of a legally recognized interest in the property, whether to the obtainer or another; or

b. In relation to labor or service, to secure performance thereof.

(7) OBTAINS OR EXERTS CONTROL or OBTAINS OR EXERTS UNAUTHORIZED CONTROL over property includes but is not necessarily limited to the taking, carrying away, or the sale, conveyance, or transfer of title to, or interest in, or possession of, property, and includes but is not necessarily limited to conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, larceny by conversion, embezzlement, extortion, or obtaining property by false pretenses.[/B

](8) OWNER. A person, other than the defendant, who has possession of or any other interest in the property involved, even though that interest or possession is unlawful, and without whose consent the defendant has no authority to exert control over the property.

A secured party, as defined in Section 7-9A-102(a)(72), is not an owner in relation to a defendant who is a debtor, as defined in Section 7-9A-102(a)(28), in respect of property in which the secured party has a security interest, as defined in Section 7-1-201(37).

Nothing here even remotely resembles what the man did. He parked his cart, IN THE STORE, and went to the rest room. At no time did he deprive the owners of the property , at no time did he attempt to take the property off the premises, at not time was the store not in control of the property. This is a wrongful arrest and the wal-mart employee screwed up.

I didn't draw a conclusion one way or the other. I simply posted a link to the definitions necessary to understand the following section.

Personally, I think they'll have a hard time getting a conviction because intent is awfully hard to prove.

 

[jtpr312]

To fully understand that section of the law, you have to go back to the previous section which includes definitions:

Code of Alabama - Title 13A: Criminal Code - Section 13A-8-1 - Definitions generally - Legal Research

Did that dude read the whole thing left this portion out becuase it's irelevent. Nothing in the defintion's section supports shoplifting as taking something past the cash register.




Section 13A-8-1 - Definitions generally.
The following definitions are applicable in this article unless the context otherwise requires:

(1) DECEPTION occurs when a person knowingly:......................

(2) To "DEPRIVE ..." means:

a. To withhold property or cause it to be withheld from a person permanently or for such period or under such circumstances that all or a portion of its use or benefit would be lost to him or her; or[/B

]b. To dispose of the property so as to make it unlikely that the owner would recover it; or

c. To retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or

d. To sell, give, pledge, or otherwise transfer any interest in the property; or

e. To subject the property to the claim of a person other than the owner.


(6) OBTAINS. Such term means:

a. In relation to property, to bring about a transfer or purported transfer of a legally recognized interest in the property, whether to the obtainer or another; or

b. In relation to labor or service, to secure performance thereof.

(7) OBTAINS OR EXERTS CONTROL or OBTAINS OR EXERTS UNAUTHORIZED CONTROL over property includes but is not necessarily limited to the taking, carrying away, or the sale, conveyance, or transfer of title to, or interest in, or possession of, property, and includes but is not necessarily limited to conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, larceny by conversion, embezzlement, extortion, or obtaining property by false pretenses.[/B

](8) OWNER. A person, other than the defendant, who has possession of or any other interest in the property involved, even though that interest or possession is unlawful, and without whose consent the defendant has no authority to exert control over the property.

A secured party, as defined in Section 7-9A-102(a)(72), is not an owner in relation to a defendant who is a debtor, as defined in Section 7-9A-102(a)(28), in respect of property in which the secured party has a security interest, as defined in Section 7-1-201(37).

Nothing here even remotely resembles what the man did. He parked his cart, IN THE STORE, and went to the rest room. At no time did he deprive the owners of the property , at no time did he attempt to take the property off the premises, at not time was the store not in control of the property. This is a wrongful arrest and the wal-mart employee screwed up.

I didn't draw a conclusion one way or the other. I simply posted a link to the definitions necessary to understand the following section.

Personally, I think they'll have a hard time getting a conviction because intent is awfully hard to prove.

Lousy loss prevention training which is why Wal-mart can get sued over this. The actual employee is exempt under Alabama law. The employee should have waited to see where the man went AFTER leaving the restroom. If he went back towards the registers wiith the cart, no intent, if he headed out the door, obvious intent to not pay, leaving the perp to argue he forgot, he was confused, etc, but pretty easy to prove he intended to leave the store without paying for the property. Rambo jumped the gun due to lousy training and/or supervision and because of who this guy is the story took off, causing him embaressment, professional loss, etc, all grounds for a law suit.

 

[Two Thumbs]

Dale Peterson, a former Republican candidate for Alabama agriculture commissioner known for an ad hitting "thugs and criminals" that "don't give a rip," says he will attempt to get a shoplifting charge dismissed.

Peterson was stopped by employees at a Wal-Mart after taking a shopping cart of beer and paper towels past the store's cash registers without paying. He claims he was rushing to the bathroom, not trying to steal beer.

Peterson was arrested Oct. 15 on a charge of third-degree theft of property, the AP reports:

Dale Peterson Arrested After Restroom Break, Charged With Shoplifting

what a retard


Are you a genetic clone of tm?

 

[Papawx3]

I've done the same thing, but I've always told the cashier where I was going, and asked her if I could leave the buggy standing in a certain spot. Maybe the guy was just in a hurry - You know, when you gotta go, you gotta go!
But I think where the Walmart employee failed is that the guy didn't do what many shoplifters do. They take merchandise into the restroom, which this guy clearly did not do. There is no real proof that the guy was trying to shoplift the merchandise, so Walmart has opened themselves up for a lawsuit. If I was this guy, I'd oblige them rather quickly. I'd be willing to bet that if that happens, this employee will be shown the door just as quickly.
One question I have though, is why is this story just now coming out - 4 months after the fact?

 

[NoNukes]

Should have read past the first paragraph:

Peterson said he rolled his shopping cart past the cash registers, parked it outside the restroom, and got stopped by store security when he emerged from the restroom. He said he never left the store, and he didn’t know it was considered shoplifting “once you pass the cash registers.”

Dude didn't even make it out the door!
How can that be shoplifting when he didn't even have the goods in his hands when he was arrested?

What a world we live in! lol

I do not think it was shoplifting if he did not leave the store.

 

[Two Thumbs]

I've done the same thing, but I've always told the cashier where I was going, and asked her if I could leave the buggy standing in a certain spot. Maybe the guy was just in a hurry - You know, when you gotta go, you gotta go!
But I think where the Walmart employee failed is that the guy didn't do what many shoplifters do. They take merchandise into the restroom, which this guy clearly did not do. There is no real proof that the guy was trying to shoplift the merchandise, so Walmart has opened themselves up for a lawsuit. If I was this guy, I'd oblige them rather quickly. I'd be willing to bet that if that happens, this employee will be shown the door just as quickly.
One question I have though, is why is this story just now coming out - 4 months after the fact?

b/c TO is a left wing hack

He scours the net for any tidbit, then posts it w/o any thought what so ever.

 

[editec]

Reads like a nonsensical charge to me, too.

He didn't leave the store AND he made no effort to hide anything?

He wasn't shoplifting.

 

[healthmyths]

To fully understand that section of the law, you have to go back to the previous section which includes definitions:

Code of Alabama - Title 13A: Criminal Code - Section 13A-8-1 - Definitions generally - Legal Research

Did that dude read the whole thing left this portion out becuase it's irelevent. Nothing in the defintion's section supports shoplifting as taking something past the cash register.




Section 13A-8-1 - Definitions generally.
The following definitions are applicable in this article unless the context otherwise requires:

(1) DECEPTION occurs when a person knowingly:......................

(2) To "DEPRIVE ..." means:

a. To withhold property or cause it to be withheld from a person permanently or for such period or under such circumstances that all or a portion of its use or benefit would be lost to him or her; or[/B

]b. To dispose of the property so as to make it unlikely that the owner would recover it; or

c. To retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or

d. To sell, give, pledge, or otherwise transfer any interest in the property; or

e. To subject the property to the claim of a person other than the owner.


(6) OBTAINS. Such term means:

a. In relation to property, to bring about a transfer or purported transfer of a legally recognized interest in the property, whether to the obtainer or another; or

b. In relation to labor or service, to secure performance thereof.

(7) OBTAINS OR EXERTS CONTROL or OBTAINS OR EXERTS UNAUTHORIZED CONTROL over property includes but is not necessarily limited to the taking, carrying away, or the sale, conveyance, or transfer of title to, or interest in, or possession of, property, and includes but is not necessarily limited to conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, larceny by conversion, embezzlement, extortion, or obtaining property by false pretenses.[/B

](8) OWNER. A person, other than the defendant, who has possession of or any other interest in the property involved, even though that interest or possession is unlawful, and without whose consent the defendant has no authority to exert control over the property.

A secured party, as defined in Section 7-9A-102(a)(72), is not an owner in relation to a defendant who is a debtor, as defined in Section 7-9A-102(a)(28), in respect of property in which the secured party has a security interest, as defined in Section 7-1-201(37).

Nothing here even remotely resembles what the man did. He parked his cart, IN THE STORE, and went to the rest room. At no time did he deprive the owners of the property , at no time did he attempt to take the property off the premises, at not time was the store not in control of the property. This is a wrongful arrest and the wal-mart employee screwed up.

I didn't draw a conclusion one way or the other. I simply posted a link to the definitions necessary to understand the following section.

Personally, I think they'll have a hard time getting a conviction because intent is awfully hard to prove.

See the issue is "perception"!!!
When you sign your post "RIGHT WING THREAD KILLER"

That would make me wonder what purpose you had in supplying the "Definitions"!
From this "RIGHT WING THREAD KILLER" to your over all postings being defender of the liberal attacker of the conservative I perceived you
as trying to alter others perceptions!

 

[OriginalShroom]

Just more proof how frigging low Liberals and Democrats will go to slime Republicans while protecting Democrats who like to have sex with sub-teenaged girls.

 

[Katzndogz]

Forest Whittaker was stopped and patted down for shoplifting too, but he's black so it's entirely different.