Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

Exercise 13

Marlow entered Rollands Discount Department Store to purchase a thumb drive for her computer. It was a warm day, and she was wearing a linen blouse that she had purchased at the same store the week before. In fact, it still had the price tag attached to the outside of it. Marlow went through the checkout line, paid for the thumb drive, and hurried to her car in the parking lot. As she unlocked the car door, she heard a voice say, "Lady, I want to talk with you." It was the store security officer. He presented his badge and asked Marlow to return to the store with him, and she did, willingly, although she was a little puzzled. Once she got back into the store she followed the security officer to a private room used as a holding place for suspected shoplifters until the police arrived. When in the room he confronted her with this statement: "I have reason to believe that you stole the blouse that you are wearing because the price tag is visibly showing." She explained that she had purchased the blouse previously. She then demanded to see the manager who was called to the scene and quickly arrived. The manager asked if she had proof of the purchase. Marlow then produced her check register showing that check number 9564, dated one week before the current date, had been written to Rollands Discount Department Store for the same blouse she was wearing. The amount on the check matched the amount on the price tag. The manager then said "I am really sorry. There has been a terrible mistake. You may go now." She actually had remained in the private room for only fifteen minutes, including the time it took the manager to reach the room. Marlow then sued Rollands Discount Department Store for false arrest.
Questions
1. Did the security officer have a right to question Marlow?
2. Was Marlow illegally detained?
3. Does Marlow have a case for false arrest?
4. Is it wise to detain a suspect inside the store who had not yet passed the checkout counter?