QUESTION

Accused of concealment, the manager of store saw me on video pick up makeup from a aisle go around a corner and not have it but not in purse.Can i sue

Asked on May 06th, 2012 on Criminal Law - Virginia
More details to this question:
The mangaer of the store allowed me to view the video tape of me picking up makeup and walking around the corner of a aisle and not having it in my hand on the next aisle''s camera. He is accusing me of concealment but when he and the officer searched my purse they only found mascara still in the package inside my makeup bag which was inside my purse. I would not show him and another employee my purse until the police showed up, he stood with me the entire time we waited on the police so there is no way, if i had gotten the mascara from that store, that i could take it out my purse and put it in my makeup bag and zippen it without him seeing me.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Whether or not you have a right to sue for false arrest or false imprisonment depends on a variety of factors which are fully elaborated on in your question.  Essentially, false arrest or false imprisonment is a kind of kidnapping.  It happens when police, store detectives, private security or loss prevention personnel act in response to what is perceived as criminal activity when in fact that person has no good faith basis for doing so.  For example, a plainclothed store detective concludes that a young male, based solely on his manner of clothing, is a gang member and is shoplifting.  The young man has not engaged in any suspicious behavior and comes under the watchful eye of the detective solely based on how he is dressed.  If the detective were to then seize that person, prevent him from leaving and/or search him for concealed merchandise, that would certainly amount to false imprisonment.  In your case, the manager observed you on camera "picking up makeup and walking around the corner of a aisle and not having it in my hand on the next aisle's camera."  It is not unreasonable for the manager to suspect, at that point, that you have concealed the merchandise.  You further state that you would not show him the contents of your purse until police arrived.  Had you done so prior to the arrival of the police, he would have had no good faith basis to continue to hold you.  However, a reasonable person could conclude that your refusal to open your purse for inspection was because you were in fact concealing merchandise.  Although it turned out that you were not in fact shoplifting or concealing merchandise, the actions of the manager seem reasonable in light of the facts you describe, and unless you can provide other details relevant to the analysis, I do not see a basis for suit against the store or its personnel. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation.
Answered on May 07th, 2012 at 4:06 PM

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