Sara, an 18-year-old, has been suspected of shoplifting in the past few weeks at
ID: 130903 • Letter: S
Question
Sara, an 18-year-old, has been suspected of shoplifting in the past few weeks at her local Wal-Mart. Several Wal-Mart employees have spoken to each other about her before, mentioning to keep an eye on her. Ronald, a member of Wal-Mart’s private security, claims to witness Sara walk into a dressing room with five items, and only come out with four. He looks into the dressing room and does not see any items left behind. He approaches her and discreetly asks her to follow him to an office. Sara does so, and upon entering the office she immediately claims she never took anything. Ronald is cautious not to raise his voice or use threatening language and politely asks for the fifth item from the dressing room. Sara states that she does not have the item. Ronald is careful to let Sara sit closest to the open door to the office and makes sure that he does not block the entryway in any way. After Sara’s denial of stealing, Ronald calmly states that she cannot leave until his supervisor gets back about eight hours from now, so that they can resolve the matter.
Does Sara have a claim for false imprisonment?
Yes, because Sara was not seen putting the object on her person and leaving the dressing room.
No. Ronald held her in an open, non-enclosed room and he did not threaten her or accuse her of stealing in any way.
Yes. Ronald told her she could not leave until his supervisor returned in about eight hours, which is unreasonable.
No. There was clear probable cause to detain Sara, as she is a known suspected shoplifter and she did leave the dressing room with one item missing.
Yes, if Ronald inflicted emotional harm on Sara.
Yes, because Sara was not seen putting the object on her person and leaving the dressing room.
No. Ronald held her in an open, non-enclosed room and he did not threaten her or accuse her of stealing in any way.
Explanation / Answer
The answer is Option D. Sara does not have e a claim for false imprisonment as there was a clear probable cause TK detain her, given her past history and also having an item missing from the shop.
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