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On sept 2018 I went to a gas station and I was accused of stealing by a store owners son which he was not even an employee. based on his assumption, the owners son then proceeded to confront me about stealing. As I was seated out side of the store scratching my lottery ticket on the side of the store the son approaches me at close proximity to confront me and threatened that if didn't go back in the store .At that time I told him to back off of me he than takes a couple steps back nearing the front of the store and then giving me a little space to get up and try to leave and an attempt to avoid any further confrontation.He then takes a combatative stance and then reaches and try to disarm me of my own personal property I turn around to protect my personal property by swinging a pump .the store owners son then proceeded to the store and thought a bout getting a weapon and then while I was facing away from him and walking while he attacked me on video
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In California, there is a legal principle known as the "shopkeeper's privilege." It is a limited right to detain a person suspected of shoplifting. I stress that this privilege is limited, meaning that the detention must be carried out in a reasonable manner. Generally speaking, what constitutes reasonable manner will depend on the facts of each case, but resorting to physical violence is not likely to be viewed as reasonable when the son (whether or not he was an employee) could have gone inside and called 911. You likely have a civil and criminal case of assault and battery.
Crucial to the outcome of this situation, however, is whether you have the video? If you don't, then it becomes a credibility contest between you and the son/shopkeeper. Did you file a police report? Anything that documents contemporaneously what happened? If you don't have the video, and I suspect you don't, the likelihood of it still being around is slim, as many businesses like the one you described recycle their video. It depends on what type of system they are using and how sophisticated a place it is.
Answered on May 13th, 2019 at 9:48 AM