I often throw them away immiedately after getting them.
I don't have a receipt for the shirt I am wearing either. I supposed someone could claim I stole it and my lack of recipt would be proof of theft.
In theory.
I think the legal standard is "probable cause" or "reasonable cause". Did someone see him walk in, bypass the cash register, and pick up a plate and start eating?
This is along the lines of that debate about receipt checkers at electronic stores. Legally you don't have to stop unless someone witnessed you concel something and had a continuous line of sight on your as you walked out the door.
The guy already got an attorney. If the lack of recipt was the only "probable cause", he'll probably get some money from both parties.
Ok. Them you would have retreve it from a trash can instead of your pocket.
"I don't have a receipt for the shirt I am wearing either. I supposed someone could claim I stole it and my lack of recipt would be proof of theft."
They could indeed claim that. They could also claim that you are causing voices in their head.
"I often throw them away immiedately after getting them. "
I do the same, and probably so did he. If the manager told me to go looking for a wadded up receipt for 2 dollars, I would tell him to look for it himself!
"The guy already got an attorney. If the lack of recipt was the only "probable cause", he'll probably get some money from both parties."
Whether or not he was actually stealing salad ceased to be relevant once he shoved one of the cops. That's what he's being charged for.