Legal Question in Civil Rights Law in California
Privacy while exiting stores
My brother and I are in disagrement about the following: while exiting a computer store the attendants ask to see your recipt and maybe look inside your shopping bag. My brother contends, once h ehas purchased the product, the attendee has no right tolook into the shopping bag without his permission as it is now ''his'' property. He claims it is a violation of his privacy. I contend the store's right to protect itself from shoplifters trumps this perceived right of his. I would VERY much like a legal opinion on this. thank you for your time. Bill Dennehy
1 Answer from Attorneys
Re: Privacy while exiting stores
I'm not a criminal attorney. There are a few California cases that address this. And it seems that your brother might be right: "Where no attempted theft is observed, haphazard searches of store-provided containers by private store security forces in absence of express or implied consent by patrons constitutes particularly serious threat to privacy." The case, entitled People v. Patel, and located at 121 Cal.App.3d Supp. 20 (1981), states that if someone at the store had observed tag-switching or some evidence of shoplifting, they'd be entitled to search that person's bags without consent. Otherwise, they can't because it invades privacy. See also Penal Code section 490.5.
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