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- From: tzs@stein.u.washington.edu (Tim Smith)
- Newsgroups: misc.consumers
- Subject: Re: Stores can't "detain" shoplifters
- Date: 24 Jan 1993 11:13:25 GMT
- Organization: University of Washington School of Law, Class of '95
- Lines: 42
- Message-ID: <1jttklINN713@shelley.u.washington.edu>
- References: <1jlsp6INNhc@shelley.u.washington.edu> <1_k3+rp@rpi.edu> <1993Jan22.193035.11391@craycos.com>
- NNTP-Posting-Host: stein.u.washington.edu
-
- ewv@craycos.com (Eric Varsanyi) writes:
- >Actually, my girlfriend works at a Target and when she started they had
- >a security briefing. No one (not even the security guys at the store)
- >can 'detain' anyone from leaving, or use any other type of physical
- >force on them. If someone is observed shoplifting the manager (or
-
- This may be Target policy, or may be a local law, but in general, your
- claim is wrong. Here's a typical statute:
-
- An act of shoplifting as defined herein, is hereby declared to
- to constitute a breach of peace and any owner of merchandise, his
- agent or employee, or any law-enforcement officer who has resonable
- ground to believe that a person has committed shoplifiting, may
- detain such person in a reasonable manner and for a reasonable length
- of time not to exceed thirty minutes, for the purpose of investigating
- whether or not such person has committed or attempted to commit
- shoplifting. Such reasonable detention shall not constitute an
- arrest nor shall it render the owner of merchandise, his agent or
- employee, liable to the person detained.
-
- (That was from Virginia.)
-
- My guess is that it is Target policy. Consider the following, from Prosser
- and Keeton on Torts, talking about when someone can be detained [Note that
- in this "defendant" is the store and "plaintiff" is the detained person]:
-
- The privilege is, however, a very restricted one, confined to
- what is reasonably necessary for its limited purpose, of enabling
- the defendant to do defendant to do what is possible on the spot
- to discover the facts. There will be liability if the detention
- is for a length of time beyond that which is reasonably necessary
- for such a short investigation, or if the plaintiff is assaulted,
- insulted or bullied, or public accusation is made against him, or
- the priviledge is exercised in an unreasonable manner, and certainly
- if the defendant purports to make a definite arrest and take the
- plaintiff into legal custody, or to use the detention to coerce
- payment, or the signing of a confession.
-
- My guess is that Target thought that the risk of their employees making
- mistakes and subjecting Target to liability was too high.
-
- --Tim Smith
-