Reinhardt was a private security officer hired by D. Reinhardt suspected that P stole property from D, so he followed P out of the store.
Reinhardt motioned for P to stop in the parking lot. P denied the allegations. Reinhardt asked P to empty her purse. P did, and Reinhardt was satisfied that P did not steal.
P brought an action against D for slander and false arrest.
Procedural History:
Trial court found for P and denied D's motion for JNOV.
MI Appellate Court reversed, remanded.
Issues:
Does a merchant have the right to detain an individual who he believes has stolen merchandise from his store for a reasonable investigation?
Holding/Rule:
A merchant has the right to detain an individual who he believes has stolen merchandise from his store for a reasonable investigation.
Reasoning:
This privilege is a defense to the common law tort of false arrest. It is necessary since merchants do not have the right to arrest shoplifters.
The suspected shoplifter must be within the immediate premises of the store.
The jury should decide whether Reinhardt could have reasonably believed that P had stolen merchandise. Also, the jury must decide if the investigation was reasonable.
