Legal Question in Business Law in California

I have a friend who owns two halloween shops in Ventura County, CA. I work for him doing loss prevention part-time and he asked me if it was legal in the state of CA to put up a posting in regards to "We have the right to search bags/strollers upon exit." Is there anything in the CA penal code or business laws about being able to post something to that nature or going about it?

Thank you.


Asked on 10/03/09, 12:48 am

1 Answer from Attorneys

Bruce Beal Beal Business Law

California Penal Code Section 490.5.(f)(1): A merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant's premises. (2) In making the detention a merchant may use a reasonable amount of nondeadly force necessary to protect himself or herself and to prevent escape of the person detained or the loss of tangible or

intangible property.

My response does not constitute legal advice, as I do not know all of the relevant facts of your case, and I do not legally represent you. Although I strive to make sure the information I provide is generally accurate and useful, you should promptly consult an able lawyer who can learn the unique details of your case more completely in a confidential relationship to ensure that the information I provide, and your interpretation of it, is appropriate to your particular situation.

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Answered on 10/13/09, 7:10 pm


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