Does a store clerk have the right to hold a 16 year old boy in his store because he believes he knows the name of someone else that was in his store that he says was argueing with him and then left?
2006-06-12 11:43:58 · 23 answers · asked by dee122362 1 in Health ➔ Other - Health
No, the child can't be held unless HE did the crime. If only a witness, then the clerk can get his name, home #, and address as a witness to the crime and give that to the officer. It is considered illegal restraint of a minor.
2006-06-12 11:48:11 · answer #1 · answered by Miss Texas 4 · 1⤊ 0⤋
There is no doubt more to this story than what you possess. To begin with, a storekeeper wouldn't hold a kid for the police because he was arguing with someone. Did someone shoplift? Did the 16 year old have a part in it. Was he part of a ruse to have two others cause an argument wand while the shopkeeper's attention is diverted he tried to boost something?
Last of all...what did the cops tell you....or should I say what did they say?
Let it suffice to say that if the boy was involved in a crime...or even looked to be involved...the shopkeeper has a right to detain the boy. It's referred to as a citizen's arrest. lYour right under the under the Constitution however risky at nowadays at best. Not just for legal gripes but hey...wanna get hurt over a candy bar?
So, he can legally do it. Just like boosting in Walmart or the grocery store. Think those store detectives or security people are any different? Same thing...they're just agents for the storekeeper.
2006-06-12 11:52:51 · answer #2 · answered by Quasimodo 7 · 0⤊ 0⤋
There's a little known thing about the law that allows any person to make a citizen's arrest. Technically, a store owner stopping anyone, whom he has a reasonable belief to have stolen from him, can stop the suspect and hold him/her for the police. And if force is necessary, the store owner can use the force necessary to detain the suspect. Any citizen can do the same. This doesn't apply just to business owners.
2006-06-12 11:50:54 · answer #3 · answered by quietwalker 5 · 0⤊ 0⤋
No not at all. The constitution gaureentees that no one can keep you in a place against your will unless they are the police or clearly state that you are under citizen's arrest. If the clerk was to either block the exit with his body or to touch the boy to make him stay he could be subject to a law suit. Or your son could legally kick the sh*t out of him.
2006-06-12 11:49:58 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Where exactly did this kid break the law. Arguing isn't illegal, but the clerk ABSOLUTELY can hold him if he was actually breaking a law. When you're 16, you should know better
2006-06-12 11:48:46 · answer #5 · answered by Rod B 2 · 0⤊ 0⤋
That would be considered kidnapping. And I believe you will end up arrested or in serious trouble. You should know the laws of your state...or are you the parent? Sue the clerk.
2006-06-12 11:47:33 · answer #6 · answered by zenkitty27 5 · 0⤊ 0⤋
Store clerk, no. Store security officer, yes.
2006-06-12 11:46:50 · answer #7 · answered by artistagent116 7 · 0⤊ 0⤋
No!!! After the cops show up tell them you want the clerk arrested for false improsnment of that child!
2006-06-12 11:46:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋
sounds to me like the 16 yr old did no wrong. if i were the boy i would have just left. it's not a crime to know someone's name and choose not to tell it.
2006-06-12 11:50:37 · answer #9 · answered by carmen 2 · 0⤊ 0⤋
No...not unless the 16 year old was the thief.
2006-06-12 11:46:04 · answer #10 · answered by Daycare Mom 2 · 0⤊ 0⤋