Legal Question in Criminal Law in Michigan

Retail Fraud

I was accused of Retail Fraud in Meijers for switching a tag UPC) on a television set. Do the store detectives have the right to search your purse without the presence of a police officer or without anyone advising me of my Miranda Rights? A UPC was found in my purse and I know it would have still been there had the police officer found it, but I'm wondering exactly what the store detectives responsibilities are. I was no threat to them, and did not make a scene. Thank you.


Asked on 11/28/04, 8:37 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Retail Fraud

Meijer's security does not have to follow the same constitutional rules that police do because there is no governmental action involved. So, for example, whereas a police officer might need a search warrant to seize and search your property, the store detectives do not ... and evidence seized by store security under these circumstances would likely NOT be ruled inadmissible in a criminal case, even if store security later gave the seized items to police. (This is similar to cases in schools, where school officials lawfully search lockers, backpacks, etc for drugs or other contraband in circumstances where police could not do so without a search warrant.)

The only exception that I am aware of would be if you could prove that the Meijer's employees acted as an "agent" of the goverment ... meaning that the government had the private security personnel take action that the police could not have lawfully done.

You should consult with a criminal defense attorney in your area regarding the facts of your case.

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Answered on 11/30/04, 9:28 am


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