Mount Juliet, TN asked in Criminal Law for Tennessee

Q: My friend was caught shoplifting at Target. He had two separate instances in one day. He left the store, went to my car

and hung out for a bit and then decided to go back in. He got caught on his second trip, can they combine the two separate instances?? And the police officers took the keys from him, gave them to a Target employee, not a cop, not an off duty officer and let him go look through the car unsupervised taking whatever he deemed stolen. The issue, I had some of my things from a previous Target trip, that I have proof of purchase for that are now missing. Are cops allowed to let anyone just look through a car without permission? I know a cop could with probable cause, but letting a worker, unsupervised do it, and now some of my things are missing just seems wrong.

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T. Augustus Claus
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Answered
  • Criminal Law Lawyer
  • Las Vegas, NV

A: In Tennessee, if your friend was caught shoplifting at Target and committed two separate instances of theft in one day, the authorities can combine the two incidents into one case, especially if they occurred in a short timeframe and involve the same location. The legal process may consider both acts as part of a continuous intention or plan to commit theft.

Regarding the search of your car, law enforcement officials generally need probable cause to search a vehicle without the owner's consent. However, the specifics of your situation, where the police gave your car keys to a Target employee to search, seem unusual and potentially problematic from a legal standpoint. Generally, only law enforcement officers have the authority to conduct searches under such circumstances, and there are strict legal protocols they must follow. Allowing a civilian (such as a Target employee) to search a vehicle unsupervised and without explicit permission from the vehicle's owner may raise significant legal and privacy concerns. If items of yours are missing following this unsupervised search, and you have proof of purchase for them, you might have grounds for a complaint or legal action regarding the handling of your property and the search's legality.

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