Store Loss Prevention agents and their employers can be held civilly liable for misconduct when their actions lead to an unlawful detention or arrest. It is not uncommon for store security (Loss Prevention) agents to apprehend a suspected shoplifter only to learn the person they detained did not commit any crime. When that occurs, the victim may have a valid claim for damages against the agents and their employer. There are several issues, however, that determine whether such a claim has merit.
The Merchant's Privilege
Under California law, a store or their agent may detain someone for a reasonable length of time to conduct an investigation in a reasonable manner whenever there is "probable cause" to believe the person detained has stolen or is attempting to steal store property. This law, found in Penal Code Section 490.5, is known as the "merchant's privilege", and it is a complete defense to a claim when there is probable cause to believe a theft or an attempted theft occurred. The real issue is whether the store can prove it was more likely than not the crime occurred. Typically, the store will have video surveillance of what they claim is suspicious activity. Quite often, however, the claim of having video evidence is a bluff, used to get the person detained to confess to their crime. It is not uncommon to find in suits arising in this context the video actually shows either nothing suspicious or it may even prove the person detained did nothing wrong at all.
The Remedies Available
Assuming probable cause cannot be established by way of testimony or video, then the next issue is one of damages. If someone is taken into "custody" by LP agents but released quickly and before any law enforcement is involved, the value of such a claim would be relatively modest, although still worthy of being pursued. In contrast, where security contacts police and moves forward with a criminal prosecution, the victim of the unlawful arrest and prosecution may have a number of valuable remedies available. For example, the claims typically made against the retailer include false imprisonment, malicious prosecution (if there is a trial won by the person accused), negligence, assault and battery (if any force was used by the LP agent(s)) and possibly a claim under California's Bane Civil Rights Act.
If you or a loved one has been falsely detained and accused of theft, you may be entitled to compensation for the humiliation of being apprehended and prosecuted. Consultation with an experienced injury attorney is perhaps the best way to find out more about your right to compensation.
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