Can minor be detained against her will by store security?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can minor be detained against her will by store security?
Recently my disabled father was picked up for shoplifting. I was with him but had left the store as he said he needed to use the restroom first. I did not know what was going on. My daughter stayed with him (10 years old) and when he tried to leave with her they detained him and her until the police arrived. She repeatedly asked them if she could leave and get me and when she tried to move toward the door a 6 foot tall man stood in front of her scaring her. The police arrived and accused me of being the mastermind. They then lectured me for being a bad parent as I left her with him.
Asked on September 6, 2010 under Personal Injury, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Generally, you need probable cause to detain anyone, a minor included. Often young kids are detained in stores for shoplifting - often called petty theft - until their parents are called to come and get them. Yes, I agree that a 6 foot man standing in front of a 10 year old girl is imposing. But he did not physically detain her did he? And she had an adult with her, didn't she? I am just playing devil's advocate here so that you can see how the view from the other side may be quite different and how it may be presented by those that do the accusing. The lecture, I agree as well, was unnecessary. You, I am sure, had no reason toe believe that your father would place your daughter in such a precarious position. Speak with someone in your area if you want to double check. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.