Legal Question in Consumer Law in Pennsylvania

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Is it true that it is illegal to search the contents that you have purchased in a store as you leave ( they check and put a yellow mark on your slip) unless they accuse you of shoplifting


Asked on 4/15/07, 11:33 am

1 Answer from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: search

No, it is not true.

While it is true that a false imprisonment CIVIL (not criminal) claim may exist where a shopkeeper detains you unreasonably, they have a defense if they detain you for a reasonable time, based upon a reasonable belief.

However, it is likely that, based on your story with the yellow marker, that you were at a Sam's Club, where their policy is to check ALL customers' purchases. If that is their store policy, and you know it, you consent to it when you buy stuff at that store.

The bottom line is that criminal false imprisonment is a high standard that will not be met by a lady marking your receipt with a yellow highlighter.

And, although the civil standard is much lower, what are your damages? If you are prepared to file suit and argue that waiting an extra three minutes has a dollar value, I think you will be very disappointed in your recovery.

Daniel Cevallos

Law Offices of Daniel L. Cevallos, PC

1420 Locust Street, Suite 24Q

Philadelphia, PA

19102

[email protected]

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Answered on 4/15/07, 12:11 pm


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