QUESTION
Do the store employees have any right to question her or search her without me being present?
Asked on Aug 25th, 2013 on Criminal Law - New York
4 ANSWERS
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Marco Caviglia, Esq.
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Yes, they are not the police. The police must have a parent present if questioning a child under 16 years of age. Store employees are not government agents.
Answered on Sep 04th, 2013 at 9:53 AM
Thomas Edward Gates
Yes, under the shopkeeper's privilege they have a right to detain and reasonably search.
Answered on Sep 04th, 2013 at 9:53 AM
Yes the store employees can briefly detain a 14-year-old and search her and her bags if they think she was shoplifting. They don't have to have a parent present before they search her.
Answered on Sep 04th, 2013 at 9:53 AM
Michael J. Breczinski
Yes since she had stuff of the store with her. They are not cops.
Answered on Sep 04th, 2013 at 9:53 AM