Did the mall security have the right to hold us when we were proven innocent.?

One day, me and a friend from school went to the mall. We did not have school that day, but we had a meeting for a club we are in, so we were in our uniforms. The meeting was over at 9:45 and we were planning to go home and change first. But then we realized that mall opens at 10:00. We never been to the mall when it opens, and we were always curious on how empty the mall is when it opens. So we headed for the mall. We got there and it was awesome, there was nobody there. We went to some stores and got something to eat. At about 11:00, we were planning to go home. But then a mall security guard saw us. He asked why we weren't at school. We explained we had none. Then he questioned why we had uniforms and called it a likely story. He then handcuffed us and took us in the back. We were led to a small 6' x 8' cell. He put us both in there with our handcuffs still on behind our backs. He said he'd have to check out some things. He came back and said that he called around

And found out that we were telling the truth and didn鈥檛 have school. But he said that we could not leave as we were minors and it was part of the mall policy. One parent could check us both out. My dad was in Europe for business and my mom was in Chicago for a training class, she wouldn鈥檛 be home until 7. Her parents were both in town, but could not just leave work. The earliest they could get there was 5. So me and my friend stayed handcuffed behind our back in our uniforms for doing nothing wrong in a small mall security holding room on a day off school. Her parents came and checked us out. But why were we not allowed to leave if we were innocent? So what if we are minors, we did absolutely nothing wrong! Who came up with this policy? And even if we did have to stay in the small holding room, did they really have to keep the handcuffs on? Is this some safety measure?

If the mall has a policy against unsupervised minors, then yes, you did something wrong. The mall is allowed to put into place whatever rules they deem fit for the best interests of the mall, the renters and patrons, as long as those rules are not discriminatory in nature. Unfortunately for you, being a minor is not a protected class (Probably because you can't vote). Now, should you have been handcuffed all that time? probably not.

NO I would file a suit against that ******* MORON

Doesn't seem right to me. Seems like the security guy was trying to play big shot.

Why aren't your parents asking this question? Could it be, you forgot and left something out of your story?

IF and I do mean IF you are telling the complete and whole story, I would say it was a violation of your civil rights. Call a lawyer.

Your parents need to find a good lawyer. You should never have been handcuffed. That was illegal detainment.

Mall "policy" does not overide your constitutional rights. You should contact the police & have him charged with false imprisonment. He has no more rights to hold you in a cell than I do. If they won't charge him then this mall needs to be sued. The security guard should have called the proper authorities immediately upon detaining you. It is not in his power to restrain you for a non crime, even if you should have been in school.

NO.

Mall security guards are not POLICE OFFICERS. They cannot detain you on "suspicion" of skipping school. They violated your rights, period. The only authority they have is to escort you from the property. "Handcuffs" ???? In this context, that is assault.

Get a lawyer and sue the hell out of that mall, before the surveillence tape of the incident comes up missing.

Your parents should definitely take action immediatley.

PS: there is no cost in explaining to a civil trial attorney the situation and letting them decide if you have a case.

Any US Citizen can be held or detained for 24 hours, (that is the juvi part)
So , yes, and if any authorized or recognized person resposible for you or acting on your behalf is contacted, well any Citizen can be detained for any amount of time(adult) . That is what Habeus Corpus is all about. Or was before Patriot Act.
http://web.amnesty.org/library/Index/ENG...

seems AWFULLY close to another story that was on here yesterday --involved 2 girls in catholic school uniforms who were arrested because only ONE of them shoplilfted something but both were "arrested"... I have two problems with your STORY---first off ---NO STORE has cells in it for their "criminals"... cells are for Prisons and jails... and second.... if MY child was being detained by the police and I was at work---there would be NO WAY I wouldn't leave work right away to come get the child.... I wouldn't care if I was a DOCTOR in the middle of some SURGERY---my child would come FIRST.... so I have a really difficult time believing your VERY WELL MADE UP STORY, but I truly believe it is just that----A STORY----I do give an A- for effort though...

You need to discuss this immediately with your parents.

And ask them to consult a personal injury attorney.

I don't usually side with the minor on these issues, even though I am an attorney because simply put, they come here with all kinds of excuses and don't get to the issues that are the underlying facts.

You have. And you have presented your case very well.

Your cause of action is against the mall as the employer of the private security firm and against the private security firm itself and also against the individual.

Not only did the officer have a duty to release you on finding there was no violation, the detention itself was questionable and the handcuffs for the entirity of the detention inexcusable.

you watch too much tv. there is no innocent or guilty in the event.the security man did as he was allowed up and to a point. he did not at any time have the right to cuff you.25 year retired deputy sheriff

This sounds like illegal imprisonment. I strongly suggest you contact a hungy lawyer.

The company I work for finds fault with Loss Prevention, Mall Security etc but I have to agree that I feel you have left some things out