Utah 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

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FAQ

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.

Retail Theft / Shoplifting Most shoplifting cases involve taking property worth less than $500. If so, then the crime is usually charged as a class B misdemeanor. Crimes for retail theft and shoplifting are usually prosecuted under Utah's Criminal Code Section 76-6-602.

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.

When they find the clip of footage showing when the theft took place they will call it into the authorities. Then, the police may develop still images from the video and send out a mass announcement asking for help and ?do you recognize this person?? Once sufficient evidence has been collected, police can take action.

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).

Additionally, it's essential to understand that store employees or security personnel do not have the authority to arrest or detain you, except under specific circumstances related to the Texas Shopkeeper's Privilege law.

Taking the law into one's own hands can have severe legal consequences for employees and the store. If an employee detains a suspected shoplifter without proper authority, they may be held liable for assault, false imprisonment, or other criminal charges.

Why are store employees not able to physically stop a shoplifter? Typically because it's against store policy. From a purely legal standpoint, they could technically physically stop a shoplifter. At least in the US citizens have the right to stop or detain another person for a crime they witness.

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