The girl—whose parents asked that she not be named since she is a minor—was arrested July 20 after a clerk at the Watergirl surf shop recognized her as one of three girls she suspected of stealing an article of clothing during a prior visit. She alleged that the girl stole a skirt valued at approximately $40 from the store on July 10.

The police were contacted after the clerk noticed an empty hanger in the dressing room, which she said gave her reason to believe the apparel had been taken. When the girl returned to the store 10 days later with two different friends, the clerk again called the police.

According to Los Gatos­Monte Sereno Police Capt. Alana Forrest, two plainclothes officers and then two patrolling officers responded. Officer Sam Wonnell arrested the girl outside the 23 E. Main St. store and brought her to the police station, where another officer interviewed her for about an hour. Her parents were not contacted until after she was questioned and released without charges. The girl had not asked to call her parents, Forrest said.

Attorney Jeffrey Janoff is representing the girl in complaints that will be filed against the store, the police department and Wonnell. He says she was falsely arrested. He said the California Penal Code does not allow officers to make arrests for misdemeanors—such as petty theft—that did not occur in their presence unless a citizen's arrest has already been made. Forrest said a "private person's arrest" was made, but Watergirl owner Anita Barron said no store employee conducted such an arrest .

Janoff also said the store clerk made a false report since employees have not been able to prove anything is actually missing from the store. Barron, who was not present at the time of either incident, said the skirt is still missing.

Police Chief Scott Seaman said the officers "acted within the law," but that the department will investigate if officers should handle future incidents the same way.

"Her parents have expressed concern about the manner in which we investigated the incident," Seaman said. "It's just something that, while legal, we're going to look at whether it was really the right way we would like to see it happen in the future."

The officer questioning the girl told her that the theft was caught on tape, even though the store does not have surveillance cameras, Janoff said. He also claimed that once it became evident she probably did not steal the skirt, the officer changed the line of questioning to ask her which of her friends stole the skirt.

Forrest declined to comment on the specifics of the questioning, but she said the officers handling the case did not do anything wrong.

"I feel that it was handled appropriately," she said. "There's not going to be any major policy changes in regards to that case."

Janoff said the incident was particularly upsetting to the girl because it happened in front of friends, including a soccer teammate. She will soon be entering the ninth grade at Los Gatos High School.

"She was very upset and crying," he said. "Right on the Main Street, she was handcuffed ... It was extremely traumatic and upsetting for her."

In a private meeting after the incident, Forrest apologized to the girl and her family—not because officers were wrong in arresting her, she said, but simply for the traumatic nature of the incident.

"We don't want a young person in the community to feel afraid of us," she said.