Legal Question in Civil Rights Law in New York

Detained and searched for EAS tags when leaving stores.

When leaving stores, especially big box chains and electronics stores, I (As well as many others) often set off the electronic sensors due to a cashier not deactivating the EAS tags. I am then stopped by a security person, or as in the case of the worst offender, Walmart, a ''Greeter'' and detained while they search my bags and cross reference to my receipt. To this point, I have always obliged, but do I have to? What can they do if I just refuse to be searched, and continue out the store? If they have no other reason to believe I was shoplifting except a tag beeping, am I required to submit to a search?


Asked on 10/14/04, 4:07 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Detained and searched for EAS tags when leaving stores.

Yes. The law gives the right to shop owners to briefly detain and reasonably inspect customers for their purchases under reasonable suspicion.

However the scope of this right is limited, a detention cannot be extended or overly restrictive (can't lock someone in a back room for a hlaf hour or handcuff them) without specific evidence of theft and a search must be unobtrusive (no strip searches, no physical coercion or force).

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 10/15/04, 9:30 am


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