Placing Items in Shopping Bag Is Not Theft

Defendant was stopped by store security and charged with larceny after putting a number of items in her bag and then going to a different floor in the store without first paying for those items. Defendant argued, among other things, that there was no indication that she had any intent to steal or otherwise remove the items from the store. The court, critical of the store’s conduct, and noting the absence of any sign restricting the movement of goods between floors, agreed with the defendant and dismissed the charges.