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I am wondering this because someone i know that works for a chain grocery store had store management go out and look without permission. They said it was because it was private property they could look into anyones car. Is this true?

2007-03-09 01:32:27 · 15 answers · asked by easter_bunny_hates_you 1 in Politics & Government Law & Ethics

I did not have time to add the more details since i was busy the past few days.
The car was locked but the trunk was unlocked so they gained access through the trunk. The trunk is one of those hatchbacks that have the handle on the back to open it. The state is Texas.

Thanks to anyone who has commented.

2007-03-10 16:58:25 · update #1

15 answers

It depends on where you live, dog. In the US unless posted clearly otherwise, no way, they must have a search warrant. They can look in the car, but not go in it

2007-03-09 01:37:40 · answer #1 · answered by leroy_w_jackson 3 · 0 0

No they cannot do that unless as part of the employment contract the employee agrees to it. But what you didn't say is whether they entered the car, whether it was locked or if they just looked inside.

Just looking inside is not a crime, opening an unlocked door probably isn't....only if they broke in would it be illegal and then if nothing was taken there's really nothing to complain about.

Need more details, but unless there was a negative consequence like property damaged or taken, probably not something a lawyer or policeman would bother with.

Now why did store management do this? Was it because somebody said something? That somebody would potentially be liable for defamation (like if they said something was stolen--and there was nothing stolen, that might be actionable without any damages having to be proven).

By the way for the misguided above, the police do not need a warrant to search an automobile...the courts have ruled you have no expectation of privacy in an automobile, which is why they can pull you over and look even the trunk. The cop is supposed to articulate a reason for the search (probable cause), but they frequently make things up that can't be challenged and usually their searches are upheld. Even doing something suspicious, like leaning over and fiddling with the glove box after the cop has pulled you over, gives him a reason to look. Again its because a car is mobile, leaving no time to get a warrant and you have a lowered expectation of privacy. Many people never protest the search so they even claim it was with consent.

And to myindigo below who is pleading for points for some reason, I have my law licenses in IL and NY, do you?

To michael below--it may or not be a crime, it certainly doesn't require a warrant, the warrant requirement only applies to the government. Most likely if its anything its a civil tort that was committed and usually to succeed in an action for civil tort you need to show that you were damaged in some way.

2007-03-09 01:36:38 · answer #2 · answered by William E 5 · 1 0

No, it not legal. I would assume the manager could even be arrested for breaking and entering. Even a policeman with a legitimate reason has to have a search warrant in order to search someones car. The management took law into their own hands and made a very bad choice. Tell your friend he/she can still file a complaint against management of this chain store.

2007-03-09 01:39:03 · answer #3 · answered by Vida 6 · 0 0

no, the vehicle is private property. I know this because when I was in school you could not smoke on school property BUT they could not stop you from smoking in your vehicle because that was you property. Later on they issued parking passes with the agreement to not smoke in your vehicle in exchange for your priviledge to park in their lot. It was an honor code not a real LAW or anything. If the police cannot search without just cause or permission then the manager cannot either. Was the victim a teenager? He may have done it because he could get away with it. Call the labor board in your state. They will let you know where to go. Document everything. Good luck.


AND DOOFUS ABOVE:::: The police do not need a warrant BUT they do need reasonable cause and be able to prove it in court. They cannot pull you over and rip your car apart with no just cause. We know JUST went through it with the city police and guess what...we even got a letter of apology for violating our civil rights. :-)

2007-03-09 01:38:40 · answer #4 · answered by myindigostar 3 · 0 1

In the United States of America, not only is this not allowed, it is a crime. At the very least, this is trespass. When the police conduct a search, they need either "probable cause" or a search warrant. "Probable cause", however, is not available as a justification for a search by private citizens. Get in touch with legal counsel (legal aid, the ACLU, etc.) and they will help you put an end to this illegal invasion of privacy and trespass on private property.

2007-03-09 01:41:44 · answer #5 · answered by michaell 6 · 0 1

First, lauren, cops CAN search your vehicle without permission. It's called probable cause.

Second, private citizens can't do that. They can call the proper authorities, and explain the situation, and maybe they'll come out and look.

But, if you have nothing to hide, then let them go ahead. I had a cop pull me over once with my baby in the car, swearing I was driving drunk and probably had drugs in the car. I told them to go ahead and search all they wanted to, they wouldn't find anything. I stood there bullshitting with one officer who was a friend of mine while his partner searched my entire car, including the diaper bag and my purse. He dumped my purse out in the passenger seat and left it laying there, and tossed my baby's diapers and clothes all over the backseat. He started to leave, pissed cause he didn't find anything, and I told him since he made a mess of my car, he could put everything back. He said that wasn't his job, it was mine. His partner came over and helped me straighten everything back up while he sat in the patrol car fuming cause he didn't get to bust me. HA!

2007-03-09 01:41:33 · answer #6 · answered by tinkerbell24 4 · 0 0

If somebody is out in public then they're indoors the "public section" so which you will talk and that they have have been given no longer plenty secure practices in any appreciate. the only concern you could stumble upon is that in case you acquire the %. for money. Now, a action photograph action picture star or a political candidate is is a diverse remember; photographers sneak photos of celebrities on a similar time as of their very own residences or on their very own materials with the aid of certainty a action photograph action picture star is very a public be certain and this places them in a diverse offender type from a private guy or woman. yet on a similar time as each physique does no longer pick to photographed in public by skill of skill of an informal photographer then they could desire to no longer bypass out in public. to maintain on with a photo containing recognizable likenesses of inner optimal persons and to sell that picure commercially it is particularly helpful to have a signed type launch from each guy or woman whose face you will discover indoors the image.

2016-11-23 17:10:17 · answer #7 · answered by ? 4 · 0 0

If it is a company car than yes, but if it's not than they have no right to search your car. Only a police officer has this right but even then they have to have probable cause no matter where the car is parked.

2007-03-09 01:36:24 · answer #8 · answered by Ray IV 2 · 1 0

I think as long as they don't touch or attempt to break into the car that it doesn't matter since anyone can look in a car.

2007-03-09 01:34:59 · answer #9 · answered by Froggiesmiles 3 · 1 0

That does not sound right! If he stole something, the item stolen should be on them not in thier car. What state do you live in?

2007-03-09 01:41:43 · answer #10 · answered by Plus Size Panther! 3 · 0 0

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