Q: Someone suggested to prevent shoplifting at retail establishments that merchants should have all customers stand on
a scale upon entering and exiting. Would this be a violation of the 4th Amendment?
A:
It's an interesting question. Criminal law attorneys are the ones who know the Fourth Amendment best. The Fourth Amendment essentially provides protection to people against unreasonable searches. Constitutional law scholars might argue either side of the issue. It doesn't seem like something on which there would be abundant case law, but if there is, that might help answer your question. From a practical standpoint, the precision of measurement instruments needed to detect low weight/high cost items could render the measure impracticable. Also, the public might not put up with it and it could result in loss of business for merchants.
Tim Akpinar
A:
'Sorry... I meant to include the word "seizures" in there. The Fourth Amendment essentially provides protection to people against unreasonable searches and seizures.
Tim Akpinar
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