Violence Once Again Mars Black Friday Shopping

Most incidents took place in Walmarts across the country

There’s nothing like the holiday season to bring out the worst in people. Especially when it comes to saving a few bucks on Black Friday.

This year was no different, maybe even the most violent to date, with at least two shootings, two pepper spray incidents, two tasering incidents and one man getting his face bashed in by police after he was suspected of shoplifting.

The latter incident, which took place in a Walmart in Buckeye, Arizona, was captured in the above video and shows a 54-year-old man unconcsious lying in a pool of his own blood.

According to Fox News, Jerald Allen Newman may not have even been shoplifting.

The man's wife and other witnesses say that Newman was trying to help his young grandson after the boy was trampled by shoppers, and only put a video game in his waistband to free his hands to help the boy.

If it's true he was shoplifting, then police should have waited until he was outside the store to apprehend him.

Here are six steps that should be followed to avoid a false arrest claim, according to the Crime Doctor site.

  1. You must see the shoplifter approach the merchandise
  2. You must see the shoplifter select the merchandise
  3. You must see the shoplifter conceal, convert or carry away the merchandise
  4. You must maintain continuous observation of the shoplifter
  5. You must observe the shoplifter fail to pay for the merchandise
  6. You must apprehend the shoplifter outside the store

Most of the other incidents around the country also took place in Walmart.

In Southern California, a woman shot out streams of pepper spray in a Walmart to keep rival customers away from products she wanted to buy, injuring 20 people.

She left the store without being apprehended.

In Northern California, a Walmart shopper was critically wounded outside the store after a man opened fire in an attempt to rob merchandise.

In North Carolina, a Walmart shopper was also shot outside the store after shopping for Christmas merchandise.

Also in North Carolina, a cop working security for Walmart unleashed his pepper spray on a man who may not even done anything wrong.

Angel Bunting, who was shopping at the store, said a man fell into a display as people lined up for discounted cell phones. She said she believed it was an accident but security thought there was a fight.

About 20 people, including children, were affected by the pepper spray, she alleged, but that couldn't be confirmed.

In Rome, New York, a man was arrested after a fight broke out in Walmart seconds after they opened its doors.

In Wyoming, police fired a Taser round for “crowd control” in a Walmart where people were getting antsy for merchandise. Nobody was injured.

In Connecticut, a Walmart shopper was Tasered and arrested after getting in a fight with other customers.

In Alabama, a Walmart shopper was also Tasered and arrested

In Central Florida, a man was arrested after getting in a fight near the jewelry counter of a Walmart.

So far, the most interesting video to emerge from all this madness is the one above from Arizona that shows a man lying in a pool of blood after police body slammed him.

Two years ago, Walmart banned journalists from entering their stores to cover the insanity.

That same year, a Photography is Not a Crime reader submitted this video from a South Florida Walmart depicting the chaos that they did not want you to see.

Here’s a video from a Wisconsin Walmart on this Black Friday where a guy is going around interviewing people with a camera before somebody off camera demands to know why he is recording.


Please send stories, tips and videos to carlosmiller@magiccitymedia.com

Comments

Yeah, when I read about the shoplifting thing, it seemed bogus. He can't have committed the crime until he tried to leave without paying for it, otherwise they are just a person who happens to be putting the merchandise in what you might think is a weird place.

Talked to a good friend who worked store security for years. There is ZERO chance of them getting a shoplifting charge. Not even a slight chance. And I'm going to go out on a limb and say there is a pretty good chance that qualified immunity will not cover the coppers in this case.

I will keep coming back to this, we continue to lose respect for the cops because they keep showing us that they don't derserve it. And then they wonder why their jobs are harder are people treat them like crap.. Here's your sign..

You don't have to let them leave the store. You do have to let them pass the final spot to pay though. So if they walk past the registers you can apprehend them before they walk out the store.

If they resist, police are able to use force to arrest them. I know you recoil in horror at this but sometimes cops have to use force to do their job.

The other 99% of the time it's either steroid induced rage, or just small penis/man syndrome.

It can often be either of those, but aggression is systemic to civilization.

Based on the linked story, this took place inside the store at the video-game display, so by your own description of the standards this was not a valid arrest.

And pardon me if (given the long history of bogus "resisting arrest" charges) I prefer to wait for eyewitness testimony or video evidence before believing the officer's claim that he resisted.

Well based on Carlos consistently slanting stories to make them anti-police, I disbelieve any description he puts out.

Says the fake cop...

Hahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahhahahahahahahahahahahahahahahahahahahahahaha

No, Redcoat Johnny, you guys do that to yourselves. Police have zero credibility anymore.

http://peppersprayingcop.tumblr.com

The more comments of yours I read the more I hope you aren't a cop. The police may act like a bunch of bandits/thugs, but they can't legally arrest someone for "the slightest suspicion." They must have more than that (specifically, "Reasonable Suspicion") to even BEGIN looking for "Probable Cause" that a crime was, is, or will be committed ... and "Probable Cause" must be established before making a "lawful" arrest.

Too stupid to understand that shoving an item down your pants might actually meet the criteria for probable cause?

Check.

Carlos didn't write the linked story, dipsh*t. That was Fox News. Are you claiming Fox News has a consistent anti-police slant? Really?

You truly are a moron Jan.

Fox may have written the original story but Carlos always adds his consistently anti-police commentary. I'm not the first one here to mention that Carlos is less concerned about reporting than he is about bashing the actions of the police.

No you are truly a moron "Johnny Law." My comment, which you were replying to, was specifically "[b]ased on the linked story" which has nothing whatsoever to do with Carlos' commentary. It is the linked story from Fox News which was the ENTIRE basis for that comment. If you think Carlos' commentary can somehow infect the Fox News story and thus affect my factual conclusions based on that story then you are far, far too stupid to work in any capacity (like police officer) which requires the ability to reason.

Umm where did I mention the Fox story? Please re-read my comment:

"Well based on Carlos consistently slanting stories to make them anti-police, I disbelieve any description he puts out."

Hmmm don't see any mention of Fox News on there.

Oh for God's sake! Really?

Read the comment you wrote that comment in reply to, "Johnny Law" ... it was explicitly "based on the linked story." And read the comment you just replied to here: it was specifically about "[m]y comment, which you were replying to." I never suggested that you brought up the FoxNews story, I said that your bringing up Carlos' commentary in your reply to me was irrelevant to what I said which was about the Fox News story.

Is your claim that you just wrote a reply that had nothing to do with the post it was written in reply to? If that's the case, you're not only a moron you're also entirely ignorant of the concept of conversation. Here's a hint: when you hit the little button that says "reply" that means you intend to address the content of the post you are "replying" to. And the person you replied to is going to infer that your "reply" has something to do with what they said.

I can go along with final pay spot part since its fairly close to the front of the store. But in this case it seems not to be applicable.

Lets see "and only put a video game in his waistband to free his hands to help the boy."

Hm, if he dropped it down his pants I might actually think about concealment. This phrase gives me the image of the game sticking out of his pants, perhaps others might read it differntly, but every other option makes it hard to get out. And at this point it isn't stolen, you wouldn't have much of a case if he HAD planned on stealing it and had later ditched it in the store and didn't have it on him. A further point, walmart where I live puts games in a case that is hard to break and contains a security tag so getting it out of the store even if it were tucked into his waistband would be difficult. I haven't been to a WM in YEARS that gives you the game to walk around the store with without something to reduce loss. All of this points to gross over use of force.

I don't so much have a problem with force, but we have seen FAR TOO MANY videos where the force used was GROSSLY out of proportion to either the offense or needed to control the situation. And we have seen FAR TOO MANY videos of cops clearly acting unprofessional and out of control. So forgive me if I am no longer to willing to give police the benefit of the doubt in any circumstance. Just as you undoubtedly give little benefit of the doubt to the people you come accross.

Carlos Miller - Photography is Not a Crime
Pixiq Expert

These cops might have even been working off-duty, meaning they were getting paid by Walmart, which might explain their overly aggressive behavior.

I used to work in the Phoenix area and Buckeye is a small town on the outskirts that has since become a suburb because of all the Phoenix sprawl.

Which raises the question, are the store security and the rules that are associated with that or simply off-duty cops? What are the actual rules?

As it is I rarely stop at the greeter or bother to even slow if the things go off. Lets be real, you have no legal obligation to and they can't prevent you from leaving the store due to either. The theft prevention things going off is hardly probable cause, all you have to do is stand at the entrance for a few minutes and watch them go off, how many of those people get arrested, probably ZERO, so not much use for probable cause. Store policy does not equal law so their policy of asking for receipts has zero legal force. But then again I don't shoplift so I know I am clean.

And if they were stupid enough to put hands on me..

Is it standard procedure to handcuff someone that is face down, unconscious and drowning in their own blood?

Being cops, you think they would have some basic emergency medical training. I guess soaking up the blood with a roll of Charmin is all they were worried about.

I wonder if they paid for the Charmin?

What does this article have to do with photography? If the focus of the blog is simply going to be about subpar police -citizen interactions you should consider changing the name.

Of the last ten articles only four have been related to photography being a crime. Of course those were about journalists being arrested which I find to be a dubious connection but at least I can see the connection.

Carlos Miller - Photography is Not a Crime
Pixiq Expert

Hey Crazy Red Wizard, send me your email address so I can be sure to run my articles through you before I post them.

I hate to post anything you don't approve of.

This tragedy is another example of...

Premise Five: The property of those higher on the hierarchy is more valuable than the lives of those below. It is acceptable for those above to increase the amount of property they control—in everyday language, to make money—by destroying or taking the lives of those below. This is called production. If those below damage the property of those above, those above may kill or otherwise destroy the lives of those below. This is called justice.

~Derrick Jensen
Endgame
www.endgamethebook.org/Excerpts/1-Premises.htm

Hey Klink, I guess I will just come to your house and take a few things then. Glad to hear that you don't feel you should use any force to stop me. You have an Xbox? I've always wanted one.

So you fantasize about breaking into houses, victimizing people, and stealing things?

We already knew that.

It's OK when it's done under the color of law. Then Redcoat Johnny, and his bud Law Man can claim they are just doing their jobs.

Klink,

Since you don't think there is any right to protect property, sounds like your house is a Xmas gift to any burglars out there. I have to wonder if your opinion would change if that happened to you.

See that, Klink? Redcoat Johnny is claiming that without his services, that are provided to you at the point of a gun, you would never have protection. I guess he has a point seeing that his state paymasters have made it rather difficult to protect ourselves and rely on them instead. Which means that when seconds count, cops are minutes away and you'll probably end up dead.

" Redcoat Johnny is claiming that without his services, that are provided to you at the point of a gun, you would never have protection."

Hmmm that is nothing like what I am claiming.

Reading comprehension fail on your part.

It doesn't really matter. Your point is completely transparent given the fact that if Klink did protect his property against an aggressor, you'd still put on your costume, do your investigation, and weigh his actions against the bullshit laws that are always favorable to your paymasters. Your opinion is completely untrustworthy.

If you're a cop in Indiana, you are free to bust into someone's home at any time and for any reason, or for no reason at all. No warrant required. Just ask the Indiana Supreme Court.

And the homeowner is not legally permitted to protect his property from the police in such cases, either. If you don't believe me, see this link:

http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a1...

Wow ... I missed that one somehow. I hope he appeals to SCOTUS, I have a hard time seeing them upholding it.

First of all you are all wrong, except for JL. Concealment is all you need to make an arrest for shoplifting. Waiting for them to leave is not required. It makes a better case but it's not required.

Secondly, I love his excuse, he was only trying to free his hands to help his grandson, that is why he stuck a video game down his pants. Seriously if the scene is that chaotic and you need to help your grandson wouldn't you throw the game down rather than take the time to stuff it down your drawers?

You're contradicting yourself: JL wrote "You do have to let them pass the final spot to pay though. So if they walk past the registers you can apprehend them before they walk out the store." That's completely incompatible with your claim that "concealment is all you need to make an arrest for shoplifting."

Secondly, I love your amateur analysis of how a person must behave in a chaotic situation. Must be great to never, ever do anything but the optimum thing. Most people, however, do irrational shit all the time.

"You're contradicting yourself: JL wrote "You do have to let them pass the final spot to pay though. So if they walk past the registers you can apprehend them before they walk out the store." That's completely incompatible with your claim that "concealment is all you need to make an arrest for shoplifting."

Actually, probable cause is what is needed to make the arrest and there are several ways to do this. The most common is to let someone walk past the last point of purchase. That provides enough PC WITHOUT having to let them leave the store. However there are other ways that also develop enough probable cause. Sticking a video game down your pants is a pretty unusual method of carrying an item in a store. So is going into a dressing room and putting on several layers of clothes or taking items out of a wrapped and putting them in your backpack.

Any of these actions can also be considered probable cause to arrest a person for shoplifting.

"Secondly, I love your amateur analysis of how a person must behave in a chaotic situation. Must be great to never, ever do anything but the optimum thing. Most people, however, do irrational shit all the time."

And yet I love the way you folks get bent out of shape if an officer doesn't use the most gentle perfect painless technique to control a chaotic and rapidly changing situation.

Hey Johnny Law we take it that you and Law Man are life partners… Is he the bitch bottom in the relationship or do you two cunts take turns??

Take that hippy.

The difference is that the police are professionals - allegedly trained to handle such situations. We the people pay them to do that job and do it right.

"We the people pay them to do that job and do it right."

Yep you pay us to do it right. Sometimes that involves using force in order to get the job done.

Sometimes, yes. No one is disputing that as far s I can see. But it doesn't follow that force was necessary or appropriate in this case and it doesn't negate the fact that police do not always tell the truth about what happened.

Oh look. Both fake cops chime in.

History around here has proven time and again that whatever position J Troll and his Lutz Man sock puppet take... It's completely wrong.

J Troll and his sock puppet army have never once been right.

Soon we will be reading about Jerald Allen Newman's successful lawsuit.

As much as it pains me to admit, JL might be right about the probable cause part. The Arizona statute states that concealment done with the intent to steal is an act of shoplifting and that said concealment triggers a rebuttable presumption of intent to steal. I don't know what the case law says.

However, some stories say that the game was tucked into his waistband and was visible. Others say his shirt was over it.

All I know is that I will never go to a Walmart on Black Friday. It's bad enough to go to one on regular days.

"concealment triggers a rebuttable presumption of intent to steal"

So.. if person A intends to pay for a pair of socks and dress shirt and first gets the socks and holds them in his hand and then gets the dress shirt on a hangar and so not to wrinkle it, drapes it over his forearm of the same hand as the hand holding the socks and thus concealing the socks.....at that instant.....a presumption of intent to steal kicks in?

Dave, who knows what the law would mean in the minds of the unreasonable. Again, the case law may shed light.

I think about Shoppers in wheel chairs they have to be very resourceful in carrying their merchandise, usually having to put it in places most of us wouldn't. Look out shoppers in Wheel chairs don’t let Johnny Law or Law Man see you, they’ll blow your brains out over a box of Depends.

I think about Shoppers in wheel chairs they have to be very resourceful in carrying their merchandise, usually having to put it in places most of us wouldn't. Look out shoppers in Wheel chairs don’t let Johnny Law or Law Man see you, they’ll blow your brains out over a box of Depends.

I think about Shoppers in wheel chairs they have to be very resourceful in carrying their merchandise, usually having to put it in places most of us wouldn't. Look out shoppers in Wheel chairs don’t let Johnny Law or Law Man see you, they’ll blow your brains out over a box of Depends.

I think about Shoppers in wheel chairs they have to be very resourceful in carrying their merchandise, usually having to put it in places most of us wouldn't. Look out shoppers in Wheel chairs don’t let Johnny Law or Law Man see you, they’ll blow your brains out over a box of Depends.

Carlos Miller - Photography is Not a Crime
Pixiq Expert

I guess the question that needs to be answered: Is body slamming a suspected shoplifter where he lands on his face and is rendered unconscious considered "reasonable manner"?

C. A merchant, or a merchant's agent or employee, with reasonable cause, may detain on the premises in a reasonable manner and for a reasonable time any person who is suspected of shoplifting as prescribed in subsection A of this section for questioning or summoning a law enforcement officer.

http://www.azleg.gov/ars/13/01805.htm

This is where it gets confusing to me. If the cops were agents of the store, does this mean they needed to question and do a little investigation?

I read that a loss prevention person immediately took the man over to the cops. Should the LP have questioned the man? Are the cops, who are employed by Walmart, just supposed to take the man immediately to jail in their cop capacity or should they have questioned the man in their Walmart agent capacity? In deciding what was "reasonable" are the Walmart protocols for dealing with suspected shoplifters applicable to cops hired by Walmart? Did the arrest happen too fast? Was the body slamming happening during the "detention" or during the arrest? Would the "reasonable" section of the statute apply to the arrest portion, given that the cops have dual roles (agents of Walmart and peace officers)? I don't know if these are legitimate questions, but they occur to me.

I also don't understand the continuum of force standards or who decides them. What the cops seem to think is reasonable doesn't seem so to me. Who has input into them?

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