People v. Hamilton CA4/1

FACTS

In August 2013, Hamilton entered a Sears department store in El Cajon,

California. Hamilton was carrying two large plastic trash bags full of material. He went

to the shoe department and picked up an $85 pair of Esker brand shoes. Hamilton took

his own shoes off his feet, put on the Esker shoes, placed his old shoes in the Esker box,

2 and put the Esker box back on the shelf. He stood up and walked around the Sears shoe

department.

Vincent Keller and Colleen Dillon, two Sears loss prevention employees,

monitored Hamilton's activities from a back office via security cameras. Keller went to

the sales floor, where he began to follow Hamilton. Keller made eye contact with

Hamilton, and Hamilton saw Keller use his walkie-talkie. Hamilton walked around the

store for a time and finally exited the Sears store. When Hamilton was a few feet outside

the Sears store, Keller confronted him. Keller said, "Sears security. Loss prevention

agent. I see you have some merchandise on that you didn't pay for." According to

Keller, Hamilton replied that he thought Keller might give him the benefit of the doubt

and let him leave with the shoes. Keller and Dillon escorted…