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What rights do you have if you are wrongly accused of shoplifting? |
Suppose you walk out of Wal-Mart and security thinks you stole something? After a search, they find nothing wrong. What should you do if you are disturbed and distressed by their actions? Is it worth your time to call a lawyer? Can you sue them? You can always sue. The question is whether you can sue them successfully. It depends on a lot of factors. Is there a state law that protects retail merchants from liability for wrongful detentions? Was the store profiling you? Did they single you out because of the color of your skin? How extensive were your damages? Did you suffer such emotional trauma that you needed 2 years of psychiatric intervention with no end in sight? You can get a better idea after talking with a lawyer. Some offices with give you an initial free or reduced fee consultation for tort cases. You have described an intentional tort of "false imprisonment" as well as other possible actions. How disturbed or distressed can you be? If you have reason to believe you were stopped without probable cause, because you are black or have body jewelry that set off an alarm, for example, see a lawyer, but don't expect much. WalMart has a notice that everone who enters is subject to search, but of course you didn't bother to read that as you entered the store. No, you were still on their property. If they searched you after you got off their property you may have a complaint. it depends if they had a reasonable belief that you did steal something. I assume b/c it is walmart they don't stop someone without good cause although it happen. If so, then there is several causes of action to consider: defamation, negligence, and false imprisonment Did you consent to the search? If you did, there's nothing you can do. If you didn't consent to the search, and they searched you regardless, they took away your fourth amendment rights. With that in consideration, you can sue the hell out of them. You won't get millions of dollars though. I am a Store Detective and we don't just stop people without 100% surveilance you probably took something got spooked by someone watching you and dropped it while the LPS were comming downstairs so if they have that on tape you will have no luck sueing them, sorry. well ..next time you go there, steal something for real and the security will not ask you again as he did once before and couldnt find anything.... |
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