Minneapolis Criminal Defense Lawyer

CASE LAW UPDATE:  Whether putting foil on anti-theft sensors on clothing constitutes possession of shoplifting gear?    

Police encountered defendant leaving a retail store with concealed, unpurchased merchandise that was tagged with anti-theft sensors wrapped in aluminum foil.  Defendant was convicted of possessing a shoplifting device.  Defendant appealed, arguing that because the aluminum foil was not designed to assist in shoplifting, the statute did not criminalize its possession.  The Minnesota Court of Appeals held that material that was commercially manufactured for a lawful purpose, but has been modified to assist a shoplifter to defeat an electronic article surveillance system constitutes a device, gear, or instrument that was designed for an unlawful purpose and therefore supports a conviction of possession of shoplifting gear.  Affirmed.

Douglas v. State, A21-1011, Hennepin County.

Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.

By |2022-04-29T04:54:59+00:00April 29th, 2022|Victories/Case Law Updates|0 Comments

About the Author:

Leave A Comment