Legal Question in Construction Law in Georgia

Re: Ilegal searches by merchants

Generally, a "private" institution (which is open to the public) can condition parking backpacks etc as a term of use of the establishment. The exact GA statute is reproduced below. A merchant can hold you for the police to come an search you subject to the terms of the following statute. We are real estate attys and do not know this area of the law very well. My recollection is that the private store owner does not have the legal authority to conduct a personal search, but may detain your flight until the police arrive to conduct the search. Hope this helps.

51-7-60.

Whenever the owner or operator of a mercantile establishment or any

agent or employee of the owner or operator detains, arrests, or

causes to be detained or arrested any person reasonably thought to

be engaged in shoplifting and, as a result of the detention or

arrest, the person so detained or arrested brings an action for

false arrest or false imprisonment against the owner, operator,

agent, or employee, no recovery shall be had by the plaintiff in

such action where it is established by competent evidence:

(1) That the plaintiff had so conducted himself or behaved in such

manner as to cause a man of reasonable prudence to believe that

the plaintiff, at or immediately prior to the time of the

detention or arrest, was committing the offense of shoplifting, as

defined by Code Section 16-8-14; or

(2) That the manner of the detention or arrest and the length of

time during which such plaintiff was detained was under all the

circumstances reasonable.