Legal Question in Civil Rights Law in California

I was shopping at a Home Depot store with my 12 year old daughter. I bought a pack of light bulbs and a pack of rubber made food storage containers. The grand total with tax was $37.43. As we were leaving the store I was asked to provide my receipt. I said " no thank you" and walked out of the store. The lady then turned around and yelled to me that she needed to see my receipt. I stated that she did not, and she then proceeded to stand in front of the shopping cart blocking my 12 year old daughter from leaving the store until I showed my receipt. Can they really do that? I did show my receipt so that she would stop detaining my daughter then I returned my purchase. I have 2 issues with this; I don't understand how they can force someone to show proof of purchase and claim that they are not "accusing you of theft". 2 and, how can they justify holding a child because mom didn't show her receipt?


Asked on 11/29/13, 8:05 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

I'll answer politely and without sarcasm.

The store can detain you, and can search you, and can have you arrested, if they believe you are shoplifting, meaning leaving the store without paying for everything. Anyone in your party can be included in that, as it is common enough for thieves to hide shoplifted merchandise on children. Why would you think they couldn't stop you? If they weren't allowed to stop you, how would they prevent going broke from theft?

Read more
Answered on 11/30/13, 1:05 pm


Related Questions & Answers

More Civil Rights Law questions and answers in California