• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

falsely accused of shoplifting

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

henry

Junior Member
What is the name of your state? nevada

what kind of legal action can you take if a stores security and/or regular employees stop you outside their store and ask you to go back into the store for stealing something you didn't (or even attempt to steal)? then when you refuse they call the cops and the cops stop you and search you, or they apprehend you when you refuse and take you back into the store and call the cops.
 


gawm

Senior Member
A few more details please. The last line of your post does not make any sense. Just tell us what happened.
 

JETX

Senior Member
henry said:
what kind of legal action can you take if a stores security and/or regular employees stop you outside their store and ask you to go back into the store for stealing something you didn't (or even attempt to steal)?
Nothing. They are allowed to detain a suspected shoplifter.... even if the end up incorrect.
 
henry said:
What is the name of your state? nevada

what kind of legal action can you take if a stores security and/or regular employees stop you outside their store and ask you to go back into the store for stealing something you didn't (or even attempt to steal)? then when you refuse they call the cops and the cops stop you and search you, or they apprehend you when you refuse and take you back into the store and call the cops.
NRS 597.850 Shoplifting: Merchant may request person on premises to keep merchandise in full view; detention of suspect; immunity of merchant from liability; display of notice.

3. Any merchant who has reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the person into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. A merchant is presumed to have reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him if the merchant observed the person concealing merchandise while on the permises. Such taking into custody and detention by a merchant does not render the merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless the taking into custody and detention are unreasonable under all the circumstances.

4. No merchant is entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:

Any merchant or his agent who has reason to believe that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of recovering the property or notifying a peace officer. An adult or the parents or legal guardian of a minor, who steals merchandise is civilly liable for its value and additional damages. NRS 597.850, 597.860 and 597.870.
 

Happy Trails

Senior Member
henry said:
What is the name of your state? nevada

what kind of legal action can you take if a stores security and/or regular employees stop you outside their store and ask you to go back into the store for stealing something you didn't (or even attempt to steal)? then when you refuse they call the cops and the cops stop you and search you, or they apprehend you when you refuse and take you back into the store and call the cops.
JETX is correct and fast. I'll post the statute since I took the time to look it up.

NRS 597.850 Shoplifting: Merchant may request person on premises to keep merchandise in full view; detention of suspect; immunity of merchant from liability; display of notice.

1. As used in this section and in NRS 597.860 and 597.870:

(a) “Merchandise” means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.

(b) “Merchant” means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchant’s premises.

(c) “Premises” means any establishment or part thereof wherein merchandise is displayed, held or offered for sale.

2. Any merchant may request any person on his premises to place or keep in full view any merchandise the person may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. No merchant is criminally or civilly liable on account of having made such a request.

3. Any merchant who has reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the person into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. A merchant is presumed to have reason to believe that merchandise has been wrongfully taken by a person and that he can recover the merchandise by taking the person into custody and detaining him if the merchant observed the person concealing merchandise while on the permises. Such taking into custody and detention by a merchant does not render the merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless the taking into custody and detention are unreasonable under all the circumstances.

4. No merchant is entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:

Any merchant or his agent who has reason to believe that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of recovering the property or notifying a peace officer. An adult or the parents or legal guardian of a minor, who steals merchandise is civilly liable for its value and additional damages. NRS 597.850, 597.860 and 597.870.

The notice must be prepared and copies thereof supplied on demand by the Superintendent of the State Printing Division of the Department of Administration. The Superintendent may charge a fee based on the cost for each copy of the notice supplied to any person.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top