Full question:
Wal-Mart has a practice of searching your bags "after" you have paid for them. Is this practice legal? Also, does a security officer employed by Wal-Mart have the ability to detain a person by "blocking" a car to prevent a person from leaving the area after they have checked the person’s receipt and packages?
- Category: Civil Rights
- Subcategory: Privacy
- Date:
- State: Georgia
Answer:
Many retail stores, including Wal-Mart, check customers' purchases against their receipts at the exit. This practice is legal as long as it is voluntary. If a customer feels coerced into a bag check, it may be deemed illegal. Customers can refuse the check and leave the store without complying.
Regarding detention, Georgia law allows store security to detain a person suspected of shoplifting. According to Georgia Code § 51-7-20, false imprisonment occurs when someone is unlawfully detained. A security officer can detain a person if they have reasonable suspicion of theft, and they are protected from liability for battery unless the detained person can prove they were threatened or feared imminent harm.
In the case of Grand Union Company v. Miller, the court ruled that a store's security personnel have qualified immunity from false imprisonment claims if they reasonably believe someone is shoplifting and if the manner and duration of the detention are reasonable. The court found that the security guard in this case acted appropriately based on the information he received.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.