11-27-2012, 11:28 PM
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Jägermeister Test Pilot
Industry Role:
Join Date: Dec 2001
Location: NORCAL
Posts: 73,347
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This is interesting...
Quote:
Because shoplifting poses a large threat to retailers, the issue of how far they can go in attempts to stop shoplifters has a long history.
Private citizens generally may not legally hold people against their will. Doing so opens the door to civil and even criminal liability for false imprisonment. However, many states have enacted statutes specifically authorizing stores and their employees to detain suspected shoplifters in certain circumstances. These laws serve to protect the stores from lawsuits claiming false imprisonment or false arrest.
Though these laws vary, store owners and their employees generally are allowed to detain an individual when they have probable cause to suspect shoplifting. However, any such detention of a suspected shoplifter must be reasonable in length and manner. Detentions without probable cause, for an unreasonable amount of time, or in an unreasonable manner may leave the store open to liability for false imprisonment and possibly other claims.
What constitutes probable cause to suspect shoplifting comes down to case by case specifics. Mere suspicion typically will not suffice. Most states require that the store or its employees have evidence which would lead a reasonable person to believe that shoplifting had occurred or was in progress. If the store bases its detention of a suspected shoplifter on information from a non-employee informer, that informer must have a reasonable basis for suspecting shoplifting.
The appropriate length of detention also comes down to case by case specifics. However, detention continued for the purpose of securing a confession from the suspect, or for the purpose of getting the suspect to sign a waiver of store liability, would be considered unreasonable under many states' laws. Such detentions could leave a store open to liability for false imprisonment.
In terms of the manner of detention, the use of excessive force may be deemed unreasonable. An unreasonable manner of detention could leave the store and its employees open to liability for false imprisonment and possibly other claims, such as assault or battery.
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http://criminal.findlaw.com/criminal...oplifting.html |
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