Rights Violation or a Complete Jerk?

[Jarulf]

In my mind, the more compelling issue is under what circumstances (if any) the store has the right to detain someone suspected of theft until the police arrive. That is really the teeth of the issue.

In Sweden, the basic rule is that anyone can apprehend (is that the word?) and keep someone until the police arrives IF they catch someone actually commiting the crime (there is a limit in the seriousness of the crime though were this is allowed). This still doesn't give any other right, like searching. The result for a store is that they basically must catch you shop lifting, for example see you put something in your bag or in your pocket and then not pay for it.

An alternative is of course not to allow anyone to actually enter with bags to start with and instead having to desposit them at the entrance (many shops here has such lockers for bags) which of course eliminates much of the problem.


Regarding your thermos and metall detector. I would say that one can always dissalow someone to enter or to bring certain goods with them. Still, one could not search someone (of course, if someone volounter for a search, fine). So sure, they can have a metal detector and deny entrance to your thermos or you with it, but can't demand a search. I would say exceptions probably exists but would be covered in some way by the law.

This type of question pop up ever now and then in papers here when a store has demanded to look inside bags for various reasons (including seting off the alarm at the exit) and typically the answer and comment in the paper (often by the police) is that the store has no such right and did wrong. Of course, many stores and people thinks they can search and thus they get away with it.

Hence my question if anyone knew how it actually is in the US.