Does this sound like a possible law suit?

Question

Now I am the first one to NOT sue over dumb stuff, but I think that this is BS.

My friend went into Rempke's yesterday (a grocery store) and did some of his shopping. On his way out, he was stopped by security stating that he stole something (which he DID NOT...he paid for everything that he had).

Security stopped him prior to him reaching his car and then called for police backup. The cops get there, don't ask him ANYTHING and just reach into his car and start looking through his bags. Once they didn't find anything in his bags, the continue to search the entire car. Still found nothing. They searched him...nothing. The cop wouldn't give him his badge number or a police report. He finally found a pen in his car and got the badge number of the cop, the name of the security guard. The cop wouldn't give him any written report...nothing and acted like a complete dick to him the whole time. There were people standing around and both the cop and guard we treating him like he did.

If it were me I would be on the phone first thing this morning getting a lawyer. This is horse...poo....

I thought that they had to have probable cause...which they DID NOT. He told them that he didn't consent to a search of his car, they did it anyway. In fact, the cop told him to "Shut up, I am running the show here, and I am the law and I will search your car if I want." Nothing was found, he didn't steal anything. I am for crying out loud, he is 44 years old.

hexeliebe---

So by your logic, everytime that someone shops, they are subject to search of their vehicle when they put their bags in their car.

Ok...yeah.

Answer 1

Tell your friend to get a lawyer quick because he has a solid case with evidence requiring possible eye witnesses and securtiy cameras.
Your friend has Human Rights, and according to the Human Right and Privacy Act 1969 (not sure), he/she should not have been searched out of the blue.
They should have been shown a badge.

Answer 2

First of all, there WAS probable cause to search on two grounds:

1. The complaint by the store security and;
2. by your own words you inferred that the bags were in the car.

Those two facts give rise to reasonable suspicion to believe that a crime had been committed.

Whether the officer was a 'jerk' or not is not really an issue as that is not compensible under any theory of law.

Also, depending on the entire tier of fact, it is also doubtful that your friend has a cause of action (legally) against the store. Case law is repleat with the right of the store to protect it's inventory and to do so even in the parking lot of the establishment.

Nothing in your post gives rise to a lawsuit. However, I would adivse your 'friend' write a letter demanding an apology from the store manager with a copy to the manager's supervisor or corporate office HR department.

By the way, it was NOT slander (verbal statement) as the security guard believed the statement "You stole something" to be true based on the available facts.

EDITED TO ADD:

Not on MY logic junior but on the logic of all 50 states and the statutes for shoplifiting and private security officer duties and rights.

You can laugh at my advice all you want. I guess having 35 years of legal experience, being licensed in 6 states, two European Countries and licensed to practice at the Hague mean nothing to you since I didn't give you the answer you "WANTED" to hear.

Answer 3

How was your friend damaged? Being embarrassed does not win any bucks in a lawsuit.

What he needs to do is: One - Raise hell with the manager of the store about guard's incompetence. Two - file a complaint with the police department's internal affairs division about the cop's improper search and arrogance. If the Department does not have an IA, then complain directly to the Police Chief and his local councilman.

Answer 4

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Answer 5

Sue the grocery store for false arrest and slander. Forget the cops, they were entertaining themselves.

Answer 6

If those witnesses are viable, then yes.

If it's his word, then no.