Louisiana Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager

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US-02212BG
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False imprisonment is defined as consisting of unlawful restraint against the will of an individual's personal liberty or freedom of locomotion. Unlawful detention is the basis of false imprisonment. It is also defined as any intentional detention of the person of another unauthorized by law.


False imprisonment is confining or physically restraining a person, such as by being locked in a car, being tied to a chair or locked in a closet, with no legal authority to hold the person. It is similar to a charge of kidnapping and it usually occurs in conjunction with a false arrest. False imprisonment is often a crime and if proved is almost always the basis of a lawsuit for damages.


Any intentional detention of the person of another not authorized by law is false imprisonment. It is any illegal imprisonment, without due process or under a false authority, without consideration of whether any crime has been committed or a debt due.

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  • Preview Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager
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FAQ

5 Steps To Take if You're Wrongfully Accused of Theft Step 1: Remain Calm. You may already be panicking, but try to stay calm. ... Step 2: Look for Evidence. ... Step 3: Understand Your Rights. ... Step 4: Don't Talk. ... Step 5: Work With a Lawyer.

In most jurisdictions, a reasonable belief that someone has shoplifted does not include a stranger's observation and report. Customers are often unreliable in what they report and it is considered unreasonable to detain and accuse someone of theft based solely on a customer observation.

False Imprisonment Situations Physically restraining a person from leaving an area. Locking the doors of a room to prevent escape. Store owner detaining a suspected theft for an unreasonable amount of time. A robber enters a store, waves his gun and tells people not to leave.

Generally speaking, a security officer at a store can only detain a suspect if they have reason to believe that a theft offense, such as stealing, was committed.

What is the ?Shopkeeper's Privilege? in California? Under California law, the principle of shopkeeper's privilege permits shopkeepers (or store owners or merchants) to detain a customer if they have probable cause that the person is guilty of shoplifting (per Penal Code 459.5).

False imprisonment generally refers to the confinement of a person without the consent of such person or without legal authority. For example, if a person wrongfully prevents another from leaving a room or vehicle when that person wants to leave, it amounts to false imprisonment.

Shoplifting False Imprisonment: Elements The elements of this crime are that the restraint or confinement must be unlawful and actually restrict the person's freedom of movement. Detaining and handcuffing a customer and transporting them to some backroom without reasonable cause could be considered false imprisonment.

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Louisiana Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager