Me and my 2 sons where at a grocery store and my sons are 18 and 15 years of age..when i was finished checking out I was walking toward the door , the Manager asked me and my 2 sons to go upstairs with her, because she thinks my older son had somthing in his pocket ..we went up stairs of the store with her and she asked him to empty his pockets , so we all procede to go upstairs. All he had was a picture of his baby that was it!!.. for us to go up stairs we had to go by all the cash registers , it was really embarrasing,,,do I have rights...my 15 year old son was very very upset could not believe ...what happend ..I could not believe it I dont know what can I do please help? Do I have a Lawsuit?
Answer:
If the storekeeper had a reasonable basis to think that your son was stealing something, they can detain you for a reasonable period of time to investigate it and figure out if you stole something. You and your other son did not have to accompany him (though, like you, I would have). Obviously they saw your son playing with something in his pocket and must have thought he stole something. They asked him to come aside and empty his pockets. That's pretty reasonable in the grand scheme of things whereas strip searching him or tackling him in the parking lot would not be. Was it embarrasing? I am sure it was, and at the very least they owe you an apology but I don't see a suit here, and I do this kind of thing for a living.
It seems to me that the manager tried to handle it with discretion, rather than making a scene in public.
You can't do anything about it. Sorry. This is called "The Shopkeeper's Privilege". The manager did what she was supposed to do. She asked you to go upstairs rather than making a scene and searching you publically.
In most states, shopkeepers can detain you for a reasonable period of time to question you about shoplifting. Would you have been more embarrassed if they had you and your sons empty your pockets in front of everyone downstairs?
On the facts you state, I don't think you have a lawsuit.
I agree with schazjmd. They asked you to do nothin inappropriate. And it was in private not infront of everyone makin a sense. I personally dont think its ne thing big enough for a lawsuit.
You have no case. In your account you made reference to being "asked" to do several things. In each case you consented. Which of your individual rights or liberties do you think were violated. If you thought that they were violations, why didn't you just say no?
That's total crap, I would at least look into it. I had the same thing happen years ago but I told them to kiss my skinny A - - They are not cops and have no right to search anyone.
You didn't need to consent to the search, but since you did, no there is no lawsuit here.
No, you do not have a lawsuit. From what you described, the manager did not do anything inappropriate. The manager has every right to ensure that nothing is being taken from the store. I can understand being upset, but it is a necessary evil that must be done. Explain to your son that as long as he obeys the law he does not have to worry about these types of situations. It is just a minor inconvenience that is easily resolved. Sorry that this happened, but you can turn this into a positive life lesson for your children.
Yes, you do have rights. You can sue them for unlawful arrest.
No "shopkeepers privilege" in TX. The code of criminal procedure has this statute:
Art. 18.16. PREVENTING CONSEQUENCES OF
THEFT. Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. To justify a seizure under this article, there must be reasonable ground to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.
You should have told that manager to go to the meat aisle, and pick up the largest girth sausage the store had, and shove it up her poopchute!!
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment