You are shopping in a department store. A store manager asks you to step into his office. He closes the door and tells you he thinks you have hidden merchandise in your clothing. You say nonsense. He says you will sit there until you confess or allow yourself to be searched. You refuse. He says, "We will see about that!" The two of you sit there for an hour. Finally, he tells you to leave. This is probably:
A) a tort of false imprisonment
B) not false imprisonment because you could have walked out
C) not false imprisonment because no physical force was used
D) not false imprisonment but may well be battery
E) not false imprisonment because state laws allow store owners to detain shoplifters

Question

Quizplus · Accepted Answer

The store manager's actions of closing the door and not allowing the individual to leave for an extended period of time demonstrates the elements of false imprisonment. The fact that physical force was not used is not relevant in determining whether or not false imprisonment has occurred. Additionally, even if state laws allow store owners to detain shoplifters, there are still limitations and requirements for such detentions to be lawful, which may not have been met in this scenario.

You Are Shopping in a Department Store