People v. Duong CA4/3

FACTS

Mario Mora, a plainclothes Asset Protection Specialist, was working at Home Depot. Mora was walking the sales floor when he saw Duong in the Hardware Department. Mora watched from eight to 10 feet away as Duong selected several expensive sanding bits or blades, went to the back of the store, and put the items in his pockets. Mora alerted another plainclothes Asset Protection Specialist, Donald Shaut, and they remained in contact by telephone while following Duong. Mora followed Duong to the Mill Works Department and saw Duong select three garage door openers, go to an aisle with door displays, and conceal the openers in his front and back waistband. Duong was wearing a long, baggy gray T-shirt that was not tucked into his pants so the shirt covered the items he had placed in his waistband. Mora and Shaut watched Duong pick up an item, approach a cashier, and ask for a price. After the cashier scanned the item, Duong gave the item back to the cashier and left the store. Mora confronted Duong after he exited the store and identified himself as store security. He asked Duong to return inside the store with him. Duong turned and made eye contact with Mora. Duong told Mora that…