QUESTION
Do I have rights if I was searched for narcotics and heroines but the loss prevention officer found nothing?
Asked on Apr 18th, 2013 on Personal Injury - California
More details to this question:
My neighbor started using pills and I didn’t like that so I stopped hanging out with her. She got mad and called the grocery store and told them that a woman matching my description was going to be in the store shortly and that I was going to steal and that I had heroin and other narcotics on me that I planned to sell at their store. I went to the store and purchased items and walked out the door. I was then snatched up by a loss prevention and rushed to the back of the store. They searched me and my purse for both things. Then they had an Arlington pad strip search me for items and narcotics in the bathroom of the store. They found nothing.
4 ANSWERS
Ronald A. Steinberg
Well, technically, you could sue the neighbor for malicious prosecution or abuse of process, and you could sue for infliction of mental distress.
Answered on Apr 25th, 2013 at 9:48 PM
You definitely have a good case against your neighbor. You may have a case against the store for false arrest and battery if you can find an expert to testify that the store was not justified in relying on the false tip from your neighbor.
Answered on Apr 23rd, 2013 at 10:10 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I would say to you the store acted reasonably. Don't you think so. Your neighbor on the other hand is guilty of slandering you and maybe malicious prosecution (attempted anyway). Why don't you sue her in small claims court. Cost you very little and may give you a little satisfaction .
Answered on Apr 22nd, 2013 at 10:21 PM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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Firstly I am sorry to read that you were detained and searched by the store's loss prevention team. Secondly, many states have the "shopkeeper's privilege" which allows the store keeper to detain the customer if he has reason to believe that a theft has occurred. The power to detain and search is not as broad as that of a policeman. So, if the shopkeeper was relying on someone telling him or her that a theft in the store has been committed, then it is likely that the shopkeeper can detain and search briefly. But if he is wrong, he can face liability such as for false imprisonment.
Answered on Apr 22nd, 2013 at 9:49 PM