Q: Is preventing merchandise from leaving a store without proof of purchase against the law?
Situation employee asks for receipt, customer refuses to show them, is it illegal for employee to prevent (grab the cart) only the merchandise not the customer from leaving the store. To me it makes no sense that an establishment can have 100 people come in fill their carts and head towards the door and just let the merchandise walk out the door. I understand shoplifting laws and merchants privilege as it pertains to a search, however if cart is open (no bags/concealment) there is no search necessary. Is preventing only the merchandise from leaving considered detainment?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (702) 463-4900
- View Profile
- Answered
A:
Stores have the right to protect their merchandise and prevent theft. However, the specific actions that employees can take may be subject to certain limitations and regulations.
Also, preventing only the merchandise from leaving without detaining the customer themselves may not be considered detainment.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
