Detention and interrogation of persons suspected of theft committed in a store or unlawful operation of audiovisual device in a motion picture theater; probable cause
See also annotations under ORS 133.037 in permanent edition.
Notes of Decisions
Where plaintiff closely resembled suspected shoplifter and was wearing similar clothing but was found in opposite direction from where actual shoplifters fled and was not wearing baseball cap or carrying new tennis shoes, store employees did not have probable cause to stop and detain plaintiff. Wolf v. Nordstrom, Inc., 51 Or App 715, 626 P2d 953 (1981), aff’d 291 Or 828, 637 P2d 1280 (1981)
In plaintiff’s action for malicious prosecution and battery arising out of plaintiff’s suspected shoplifting from defendant’s store, trial court erred in refusing to instruct jury that this section was defense to plaintiff’s battery claim. Dow v. Sears, Roebuck & Company, 84 Or App 664, 734 P2d 1387 (1987)
When security personnel interviewed defendant for ten minutes, then detained defendant for additional hour before contacting police, the additional detention was unreasonable under this section. State v. Adams, 86 Or App 139, 738 P2d 988 (1987), Sup Ct review denied
Law Review Citations
55 OLR 285-290 (1976)