If the security siren goes off at the front of a store, can they legally stop you if your not stealing?

Question

My phone always sets off the security siren at the front of stores, I am tired of stopping and proving that it is my phone setting it off, can they legally stop me if I just keeped going?

Is there any lawyers that can answer the question?, I am getting very mixed answers.

Answer 1

as long as you are in their store yes they can stop you, the alarm gives them probable cause to at least make sure that the items from the store you have in your visible possesion were items you purchased and can provide a reciept for.

Answer 2

Actually, if you are still in the store, then they could have a legal problem if you decided to push the issue, as in sue them. Even if you have the whole store stuffed in your pockets, if you are still in the store, you have not stolen anything, it is only stolen if you are outside the store. So if they detain you prior to your leaving the store, they could have a legal problem, and to add to the fact that when all is said and done, you've not stolen anything, that could be another problem for them.
You should see the store manager and let him know that you have been "detained" on a number of occasions due to the hyper sensitive security siren in the store. Think logically, your phone can not be the only phone that is setting it off, so this has to be happening with others as well. The store needs to have the security system checked because someday there will be a customer that gets irritated enough that they will sue due to the nuisence of it all. The store may not have to pay anything, but the time that the manager has to take to go to the court hearings, the legal cost to the store, the cost of the security co. because the store will have to prove in court that the system is fully functioning as it is suppose to be. That is a lot to cover, and plus this could happen more than once. If that is not enough to get the store to "fix" the problem of the security system, then the bad publicity that could be generated by a simple phone call to a local television station explaining the situation and how it affects you and could affect some many others, so it should be fixed befor people decide to shop elsewhere.

Answer 3

As long as you're still on their property, they can try to stop you. If you haven't done anything wrong, they wouldn't charge you with resisting. It might make you look bad and they might call the police, thinking you DID steal something. But, they most likely won't put much effort into seeing whether or not you took something. Employees are told not to leave the store and chase after someone who they think took something...they're supposed to get a description and license plate number. But, be prepared for some hero-wannabee to come tackle you...I used to manage at a Barnes & Noble and saw this happen. Heaven help anyone who does this and gets a weapon pulled on them...it's NOT worth it (hazard pay is not included in minimum wage).

Answer 4

I'm studying for the bar exam as we speak so I better know the answer to this. Though it may be annoying, shop keepers are allowed to stop, make a rudimentary search for stolen items, and if necessary detain you until law enforcement arrives. Shop keepers do not need probable cause to do this, their grounds for stopping you must be merely reasonable and your setting off the alarm is more than enough to qualify as reasonable grounds. Perhaps you should consider turning you cell phone off before entering to avoid the hassle in the future.

Answer 5

Once you leave the store, yes they can give chase. I would take your phone back to your provider and complain and see if they will give you a free replacement. I feel your pain though, somedays I can set off one of those systems without even having anything on me by just entering the store. I don't know what it is. I just got into the habbit of not carrying a purse and emptying my pockets. It sucks but I am not a thief.

Answer 6

Legally, no. a licensed guard might try to detain you until police arrive but even he is out of line. yes, those jagoffs at Best Buy are just pretenders.
This is humiliating, because it's their paranoia that starts crap like this and when they have an unperfected machine malfunction, your targeted.
Ask for the "manager" and complain. If he does not satisfy you, ask how to contact HIS boss.
You may get a coupon for 10% or something. And tell them you won't come back if your treated like a thief.

Answer 7

a private citizen in a store can not physcally detain you unless they wish to place you under arrest ( you have to be nice and polite, not give them a reason to do something)

Tell them as you continue to walk ( not run) that you did not do anything, now the alarm can be consdered probable cause to beleive a crime has happened. So your courts could rule that they had grounds, or they may rule it did not.

In general this is a yes and no, can they stop you and detain you, yes if they want to and believe they have probable cause that would stand up in court, if you sue them.

No, not really, since to detain you they have to physcially stop you, if you do not politiely return.

That is a lawyers type of answer, it can be both yes and no

Answer 8

They can stop you even if the security alarm does not go off. They are not a government agancy so they are not bound by search and seizure laws. If you don't want it to set off the alarm, don't bring the phone. But they have every right to stop you, especially if the alarm goes off.

Answer 9

You're getting mixed answers because it varies by state. The basic issue is whether the store can defend a false arrest lawsuit by showing that they had reasonable cause to believe that you were stealing, or by having to prove that you actually were stealing.

If you want to press the issue, just keep walking, and when they tackle, grab, detain you etc. sue them.

Answer 10

no they cant, its a courtesy for you to stop and allow then to check your bags or person. the only ones who have the authority are the police, when a person is caught stealing if you notice the arrest is an actual "citizens arrest" by the store security not the officers. .... also stores with out alarms but opt to put a clerk at the doors and check bags have no right to do so, you can continue to walk out you do have rights.

Answer 11

speaking for USA law, retailers have a shopkeeper exception under the law, to which they are allowed under the law to detain a person who was in the store to which they have reason believe you stole something from the store, setting off the security system as you leave will give them probable cause to make an investigated stop to determine if you have stolen something