Ask the Law Guy

Ask the Law Guy

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Recently, an adut neighbor of mine took his son, my son, and another neighbor's son to the mall. All three boys are either 12 or 13 years old. They had been to several stores, where my son had bought at least one item that was given to him in a bag. At the last store they visited, my son and the son of the adult were together in one part of the store. The third boy was alone in another part of the store. He stole a belt buckle, and it was observed by the store clerk. She did nothing at the time, instead, she waited for them to all leave together. As they were exiting the store, she manually sounded the alarm that would normally sound off if the system detected an article that did not have the security tag de-activated. This caused them all to stop, and they were approached by the clerk, who asked them back into the store. She then told my son to empty his bag out for her to inspect, he did and she found nothing. She then told him to empty his pockets, he did, and she found nothing. She then told the boy with the buckle to empty his pockets, he did, and she found the buckle. He tried to lie his way out of it, but she had observed everything he did, and she informed them of that. Mall security was called and the shoplifter was detained until his mother came to get him. While waiting, mall security took a picture of him. My questions are these; What right did she have to detain my son, and order him to empty his bag and pockets without observing him taking anything? Do I have legal recourse against her or her employer for detaining my son, and requiring him to empty his bag and /or pockets? Are they legally allowed to photograph a minor? I have been in retail management for over 25 years, have detained hundreds of shoplifters, and have always been instructed that: you are not allowed to detain anyone that you "suspect" took something, have no right to order anyone to empty their pockets unless you KNOW they have something that belongs to you, must take no action when a minor is involved until their parents or law enforcement is present, and lastly, are never able to photograph a minor. What answers can you provide to my questions?

A merchant has the right to detain a person in a reasonable manner and for a reasonable time if there is probable cause to believe that the person is concealing merchandise. This is sometimes called the "shopkeeper's privilege." If the suspected shoplifter is under 18, the merchant must make reasonable efforts to contact the minor's parents.

The law does not authorize the merchant to search the person or order him to empty his pockets. The suspected shoplifter does not have to submit to a search. The merchant has to contact a law enforcement officer, who then has to decide if their is probable cause to arrest.

I can't think of any reason why mall security would be prohibited from photographing the child. While unconsented touching is battery, it is not neccessary to get someone's consent to take his photo if the person is in a public place. That does not mean that the store is free to use the photo any way it chooses.

If a person believes the merchant acted unreasonably or there was no probable cause to believe that the person had shoplifted he could sue the merchant for false arrest or false imprisonment. The jury would be instructed that if the merchant proves he acted reasonably and had probable cause, the merchant would not be liable.

My husband received a Notice Of Exemption as a result of a judgment regarding a credit card debt. ... . My husband has not used Bank of America for 10 years or more. What does he need to do now? Can our home be taken from us? Can our car(s) be taken from us? The judgment is $980.00.

At some point your husband should have received notice that he was being sued. Often people fail to respond or formally contest a suit by a creditor. By failing to respond and raise defenses, such as the statute of limitations has run, the defendant loses the right to object. This leads to a default judgment. If the judgment is not paid voluntarily the creditor seeks execution, which directs a government agent (a sheriff in N.C.) to locate and seize assets that belong to the defendant.

A debtor has the right to exempt some assets from being taken to satisfy the execution. An asset that is exempt cannot be taken. The exemptions in North Carolina are here. If your husband does not file the exemption claim within the time allowed, the exemptions are considered waived and all the defendants assets can be taken.

If you husband has assets over the exemptions they can be taken to satisfy the judgment. It is very important to fill out the paperwork carefully and file it on time.

My father died Oct 2005. I am one of 5 siblings. My father had a money market account with $205,000.00 in it. It was POD (stands for "pay on death") to me. I went to the bank with his death certificate and claimed the money. My brother who is executor to the will is now threatening to sue me for the money. He says it belongs to the family and not just to me. Doesn't POD mean Pay on Death? Isn't the money legally mine? Can he really sue me for it? He thinks it is very unfair that I receive all that money. What should I do?

In most states designating an account POD is an instructionas the depositor telling the bank "at my death the balance in the account belongs to (name of beneficiary)." The balance in the account does not go through probate or become part of the deceased's estate. Your brother may be able to sue you but unless he can show some sort fraud or other misconduct the money should be yours. If he does file suit against you, contact an attorney immediately. Do not try to handle this without an attorney.

Important fine print

The owner/operator of this website is Bryan Gates, an attorney in Winston-Salem, N.C. E-mailing a question to a website (even a cleverly designed website) is no substitute for live, in-person contact with an attorney if you have a legal problem. In order to avoid legal troubles of my own, I cannot answer questions about the laws of states other than North Carolina. For more information about The Law Guy, check out:

www.attorneygates.com

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