
Originally Posted by
IndyGSDK9
So, not being a LEO myself, what WOULD the proper procedure be for an incident such as this? What kind of $$ amount are we talking about before the police get involved, rather than it being civil? I ask this because some up above commented this is civil, not criminal, and another poster indicated that if this had been purposeful, it wasn't theft.
If the police got a call like this from a civilan, what would the procedue be? Go in, review the tapes, talk to all involved, then what?
Actually, I said that if it was done accidently then it isn't a crime. If it was purposeful then of course it's theft.
Anyway, to answer your question, the proper procedure, whether it was this officer or a civilian, is for the person who believes he/she was shortchanged to contact the manager. They should then do a drawer audit.
If it was an error and not theft, the drawer would come up over and the issue would be resolved. Now, the clerk could have still been considering taking the extra money later (if the patron hadn't noticed the shortchange for instance) but that would be very hard to prove.
If the drawer came up short then it get's more complicated. Unless you have the clerk pocketing the twenty on camera, odds are you aren't going to have much of a case. In fact, she could have punched in that he gave her a ten, gave him change for a ten, and then pocketed the extra change before the audit. (not in this case as there were no twenties in the drawer at all..but generally speaking). Now the drawer is going to come up even and again, unless you have this on video, it will be very hard to prove.
Fortunately, this event was almost entirely caught on camera and had the officer reacted with a little more common sense instead of letting his ego get in the way, more than likely this all would have been resolved without a lawsuit.
"If you're not a liberal when you're 25, you have no heart. If you're not a conservative by the time you're 35, you have no brain."- Unknown (NO...it wasn't Winston Churchill!)