Legal Question in Consumer Law in Oregon

searches by store employees

I understand that stores are hard hit by theives and must use technology to stop profit losses. Although I find these buzzers annoying and embarrassing it seems nearly impossible to avoid stores that use them.

Recently I shopped at a local hardware, clothing store where I purchased $2.00 worth of bolts. On the way out the buzzer sounded and soon an employee was upon me. Since the shirt I was wearing was from his store, a shirt I had bought several weeks earlier, he began searching me. First under the collar and then sticking his hands into the shirt pockets. He made me empty my pants pockets, removed my coat, searched the pockets and then he, along with fellow employees quizzed me about where I had purchased various clothes that I was wearing.

All of this was done in public with at least 15 onlookers. There was a childrens group wrapping presents only a few feet from where this was happening.

When I called to complain about this treatment, I was asked if I had stolen the shirt.

How far are these employees allowed to go? Have I any privacy rights? My 80 year old father shops at this store. Is he subject to this type of activity? Does shopping remove all dignity?


Asked on 12/18/05, 2:05 pm

1 Answer from Attorneys

Daniel Meek Daniel W. Meek

Re: searches by store employees

An expert in this sort of case is Greg Kafoury in Portland. He has purused several cases for "false arrest," etc., against stores who stop people at the exit without sufficient cause. This site does not allow phone numbers, so consult www.kafourymcdougal.com.

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Answered on 12/19/05, 3:27 am


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