QUESTION
Is security allowed to interrogate a minor without parental consent?
Asked on Apr 16th, 2013 on Criminal Law - Colorado
More details to this question:
My 15-year-old brother was caught shoplifting. The store security detained him for about an hour before contacting my parents. And they stated that yes they interrogated him without parental consent, but claims it is not illegal to do so. They claim they are just releasing him and will not prosecute him, but right after my mother gives them her personal info and signs her personal info (no contract or agreement) and copy of her ID he hands us a paper that states they are going to send us a claim in the mail for my brother. Before my mother signed we did have a verbal agreement that since my brother was cooperative he is not prosecuting him and he won't take us to court (I did record for evidence). Will any charges still apply? I'm asking if in the future they will decide to take action.
5 ANSWERS
Criminal Defense Attorney serving Bloomfield Hills, MI
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Law Offices of Marshall S. Tauber
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This is a shakedown by store security. Nothing they say can be trusted. But nothing your brother may have said is admissible in court. If your family gets a bill from the store for $200.00 do not pay them without contacting an experienced criminal defense lawyer.
Answered on Apr 18th, 2013 at 7:53 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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Some stores impose a civil penalty for shoplifting in lieu of criminal charges; if this is the case, unless the fee is outrageous, I would coinsider paying the civil fine.
Answered on Apr 18th, 2013 at 1:23 AM
Michael J. Breczinski
All that he meant is that they were not calling the cops. That did not mean that they can't sue for civil damages for the shoplifting.
Answered on Apr 18th, 2013 at 12:32 AM
James Edward Smith
Yes.
Answered on Apr 17th, 2013 at 10:49 PM
In Colorado, the restrictions on interrogating a minor without parental consent only apply to police officers and people acting with the authority of the police. Consequently, a private security guard does not have that restriction unless the police authorize him to perform interrogations for them.
Answered on Apr 17th, 2013 at 10:36 PM