Legal Question in Civil Rights Law in California
Minor caught shoplifting and separated from parent
As my wife and kids left a store, security guards stopped them and accused my 12-year old son of shoplifting a headset--they were right (and there will be hell to pay at home). Store employees whisked my son off to a locked room to question him while my wife (overwhelmed at the moment) was making sure our other kids were in a safe place. My wife objected to the security guard about not being able to be present in the room, but the door was locked and he wouldn't let her in the room even though she identified herself as his mother and that he was a minor. Just then, a friend walked in the store and my wife told him what was happening. He requested to speak to the manager and our friend and my wife both told the manager they had to let my her in. The manager said no. Our friend said, ''Then the interview ends now!'' and the manager relented. This was before the police arrived and did their own interview. While I am embarrassed by the actions of my son, were his civil rights violated by being separated from his mother even when she told the security guard and store manager that she wanted to be in the locked room with our son? Store officials say it is protocol to separate the violator even if he's a minor; it's a national chain.
2 Answers from Attorneys
Re: Minor caught shoplifting and separated from parent
I did some more research on this issue and apparently it is lawful for them to have detained your son for a reasonable time and in a reasonable manner, even if a parent is excluded from the interview. If the detention involved the use of excessive force, or other unusual factors are present, this would change my answer.
Probably you will get a bill for $500 from the store, which you will legally owe them, to help defray their loss prevention expenses.
Also the incident will be recorded in various credit bureaus and database services, which could possibly hinder his future employment, education, or military opportunities.
Re: Minor caught shoplifting and separated from parent
Good thing you ended the interview with store security, why were the police allowed to interview him? Teach him to say nothing at all if questioned again.
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