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

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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.

Title: Understanding the New Jersey Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager Keywords: New Jersey complaint, unreasonable detention, search of customer, accusation, shoplifting, stealing, store manager Introduction: The New Jersey Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager provides a legal recourse for individuals who believe they have been unlawfully detained and searched by store personnel, particularly on allegations of shoplifting or theft. This article aims to explore the different types of complaints that can be filed under these circumstances within the state of New Jersey. 1. Understanding the Basics of the Complaint: The New Jersey Complaint for Unreasonable Detention and Search of Customer allows plaintiffs to seek remedy for the violation of their rights during an incident involving alleged shoplifting or theft. It enables individuals to hold the store and store manager accountable for any alleged misconduct during the detention and search process. 2. Types of New Jersey Complaint for Unreasonable Detention and Search of Customer: a) Complaint for False Detention: In this scenario, the plaintiff alleges that they were wrongfully detained by store personnel without reasonable suspicion or probable cause of shoplifting or theft. The complaint asserts that the detention was an unlawful restraint of the individual's freedom. b) Complaint for Unlawful Search: This type of complaint focuses on the allegation that the store personnel conducted an unreasonable or invasive search of the customer's person, belongings, or property without proper justification or consent. The complaint emphasizes the infringement on the individual's privacy rights. c) Complaint for Intentional Infliction of Emotional Distress: This complaint centers around the emotional trauma or distress caused by store personnel during the detention and search process. It alleges that the store and store manager acted in a manner that intentionally caused severe distress or anguish to the plaintiff. d) Complaint for Negligent Infliction of Emotional Distress: Alongside intentional infliction of emotional distress, this complaint type also includes incidents where the emotional distress was caused by store personnel's negligence, even if not intentional. It argues that the defendants failed to exercise reasonable care, resulting in emotional harm to the plaintiff. 3. Elements of a New Jersey Complaint: To file a successful complaint, the following elements should be included: — Identification of the plaintiff and defendants (store and store manager), — Detailed description of the incident, including date, time, and location, — Clear assertion of the violation of the plaintiff's rights, — Explanation of how the conduct of the defendants caused harm to the plaintiff, — Supporting evidence, such as witness statements, surveillance footage, or medical reports, — Requested damages or relief sought by the plaintiff. Conclusion: The New Jersey Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store Manager allows individuals to seek justice and compensation for violations of their rights during detentions and searches. It is crucial to consult with a legal professional to understand the specific complaint types and requirements in order to navigate the legal process effectively.

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Pretrial Intervention (PTI) allows for dismissal of shoplifting offenses where an individual is admitted into the program and is successful in completing six (6) months to two (2) years probation. When an individual completes PTI favorably, his or her charge is dismissed.

The grading of a shoplifting charge is determined by the value of the merchandise stolen. If the full retail value of the items stolen is $75,000 or more, shoplifting is a second-degree crime. It is a third-degree crime to commit shoplifting of merchandise with a value of at least $500 but less than $75,000.

Shopkeeper's privilege is a law recognized in New Jersey that gives merchants the privilege to detain an accused shoplifter on the store grounds. The store owner or manager must have probable cause for detaining the suspect. They may only detain the alleged shoplifter for a reasonable amount of time.

N.J.S.A. 2C:20-11 Shoplifting 4th degree shoplifting ? $200 - $500. Up to 18 months in jail. 3rd degree shoplifting - $500 - $75,000. Up to 3-5 years in prison. 2nd degree shoplifting ? more than $75,000. Up to 5-10 years in prison.

New Jersey Shoplifting Laws 2C:20-11]: Purposely Taking Merchandise [N.J.S.A. 2C:20-11(b)(1)]: If a person purposely takes merchandise from a store with the intent to deprive the owner of its benefit (i.e. the value of the item) without paying for it, then he will be guilty of shoplifting.

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).

5 Steps To Take If You're Wrongfully Accused of Theft Step 1 - Calm Down. A false accusation of theft is frightening because it could land you in jail. ... Step 2 - Look for Evidence. How do you prove you are innocent when accused of stealing? ... Step 3 - Understand Your Rights. ... Step 4 - Don't Talk. ... Step 5 - Work with a Lawyer.

The most common variety of indictable felony shoplifting offense is third degree. A third degree shoplifting charge involves jail exposure of up to five (5) years and is therefore something that must be addressed seriously.

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With US Legal Forms, finishing Complaint for Unreasonable Detention and Search of Customer on Accusation of Shoplifting or Stealing against Store and Store ... Reasonable Suspicion Defense for NJ DUI Charges · Receiving Stolen Property and Possession of Burglary Tools Dismissed Hackensack Municipal Court · Receiving ...Jul 20, 2018 — And businesses have the right to take reasonable steps to reduce shoplifting. ... Retail stores who detain an alleged shoplifter against their will, especially ... The store owner or manager must have probable cause for detaining the suspect. They may only detain the alleged shoplifter for a reasonable amount of time. Sep 9, 2023 — § 24. Complaint, petition, or declaration—Unreasonable detention and search of customer on accusation of shoplifting—In behalf of minor customer ... Whether the detention is reasonable is a matter to be determined by the court. If the court finds that the detention was unreasonable, criminal and/or civil ... May 19, 2020 — To convict you of a charge, a prosecutor must prove certain points beyond a reasonable doubt. These points are called the “elements” of the case ... Mar 11, 2021 — The store owner or manager must have probable cause for detaining the suspect. They may only detain the alleged shoplifter for a reasonable ... Jul 17, 2023 — A competent attorney can help you understand your rights and prevent store managers or staff from harassing you for information or admitting to ... Jan 30, 2023 — ... a reasonable belief that a customer has stolen ... unreasonable to detain and accuse someone of theft based solely on a customer observation.

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