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

If they had no intent to shoplift, it may be possible to get the charges dropped or reduced. For example, if the defendant had no intent to shoplift, but accidentally left the store with merchandise or mistook the item(s) for theirs, then it may be possible to get the charges dropped or reduced.

The ?shopkeeper's privilege? means that a shopkeeper (a merchant) may detain a person briefly inside or outside of the store if: The merchant delays the shopper in a reasonable manner and for a reasonable time to investigate, and.

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.

If the item taken has a value greater than $2,000, the crime is defined and grand larceny in South Carolina. Grand larceny is a felony criminal charge. If the item taken has a value less than $2,000, the crime is defined as petit larceny in SC. Petit larceny is punishable as a misdemeanor offense.

Under South Carolina Code § 16-1-57, a person who is convicted of a third or subsequent offense must be punished ?as prescribed for a Class E felony? which carries up to ten (10) years in prison.

Can I Sue Walmart For False Accusations Of Theft And Detainment? You may have a claim for false imprisonment and defamation against Walmart if you can prove that the store detained you and made false accusations of theft without a reasonable belief that you were actually committing a crime.

SC's property crime enhancement statute, SC Code Section 16-1-57, makes shoplifting a ten-year felony if it is a third or greater conviction of any crime ?for which the term of imprisonment is contingent upon the value of the property involved.?

Penalties for Shoplifting Value of item(s)ChargeJail Time$2,000 or lessMisdemeanorUp to 30 days$2,000 to $10,00FelonyUp to 5 years$10,000 or moreFelonyUp to 10 years

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