NCJ Number
34447
Journal
Stanford Law Review Volume: 28 Issue: 3 Dated: (FEBRUARY 1976) Pages: 589-612
Date Published
1976
Length
24 pages
Annotation
CALIFORNIA CASE LAW PROVIDES THAT THE OWNER OF A STORE HAS A RIGHT TO DETAIN FOR A REASONABLE TIME AND INVESTIGATION A PERSON WHOM HE HAS PROBABLE CAUSE TO BELIEVE IS ATTEMPTING TO TAKE GOODS WITHOUT PAYMENT.
Abstract
IT ALSO PROTECT MERCHANTS AGAINST CIVIL LIABILITY FOR FALSE ARREST AND IMPRISONMENT. TO DETERMINE THE EXTENT TO WHICH MERCHANTS ARE AVAILING THEMSELVES OF THESE LEGAL PROTECTIONS, THE AUTHOR OF THIS NOTE SURVEYED THE SHOPLIFTING POLICIES AND FAMILIARITY WITH THE LAW OF OWNERS AND MANAGERS OF 50 RETAIL STORES OF VARIOUS TYPES AND SIZES IN MENLO PARK, MOUNTAIN VIEW, AND PALO ALTO. THE SURVEY QUESTIONNAIRE COVERED THE PROCEDURES USUALLY USED IN DEALING WITH SHOPLIFTERS, THE REASONS FOR, AND OBJECTIVES OF, THE SHOPLIFTING PROCEDURES USED, HOW WELL THE STORE REPRESENTATIVES KNEW THE LAW OF CALIFORNIA AS IT APPLIES TO THEM, AND RECOMMENDATIONS FOR REDUCING SHOPLIFTING. THE FINDINGS OF THIS 1974 SURVEY REVEALED THAT MOST RESPONDENTS WERE UNAWARE OF THE LEGAL PROTECTIONS AVAILABLE TO THEM AND WERE EXTREMELY CAUTIOUS IN APPREHENDING SHOPLIFTERS. AFTER OUTLINING THE RELEVANT CALIFORNIA LAW THAT RELATES TO SHOPLIFTING AND DETAILING HOW THOSE STORES SURVEYED ACTUALLY UTILIZED THE LAW, THIS NOTE EXPLORES THE REASONS FOR THE DISPARITY BETWEEN ACTUAL PRACTICE AND AVAILABLE REMEDIES AGAINST SHOPLIFTING. IT CONCLUDES WITH RECOMMENDATIONS SUGGESTING HOW MERCHANTS MIGHT MAKE FULLER USE BOTH OF SELF-HELP REMEDIES ALLOWED BY THE LAW AND OF GOVERNMENTAL LEGAL AGENCIES. (AUTHOR ABSTRACT MODIFIED)