Tag (SQ): Shopkeepers' Privilege

Peter filed a lawsuit for false imprisonment against Smith’s Bookstore. During a visit to Smith’s Bookstore, Smith stopped Peter as he left the store. Smith accused Peter of stealing a book from the store. After briefly looking into Peter’s shopping bag, Smith determined that Peter did not shoplift. He apologized to Peter and released him. On these facts, Smith will likely:

A   Win the case, because the shopkeepers’ privilege statute gives store merchants unconditional immunity (protection) from            such   lawsuits.

B   Lose the case because Peter did not shoplift.

C   Win the case, but only if a court or trier of fact concludes that Smith had reasonable cause to believe Peter may have       shoplifted, detained him for a reasonable time, and in a reasonable manner.

D   Lose the case because Smith did not have a warrant.