Multiple choice question

1. False Imprisonment Defined:

A) Elements of False Imprisonment Tort: An intentional detention of a person for any period of time without that person's consent (or against person's will) without a reasonable opportunity to leave or exit the room or location is a false imprisonment.

B) Shopkeeper's Privilege - Because all shop owners need the opportunity to investigate potential thefts in their stores, all states have a form of privilege or protection for store owners.

C) Privilege Defined: A shopkeeper may detain suspected shoplifters for a reasonable time without incurring liability for false imprisonment, provided that the "store owner acted based on reasonable suspicions and treated the accused shoplifter in a reasonable manner."

D) Holguin v. Sally's Beauty Supply Case: Woman put a can of mousse in her tote and was detained by assistant store manager as she walked toward the front of the store to ask a question. Manager detained her believing that once she put the mousse in her tote she was wilfully concealing merchandise and probable cause existed. State Appellate Court rejected Manager's argument and reversed the trial court's decision in favor of Store Manager. In doing so, the Court held that the privilege did not apply and that something more than placing a can of mousse in a tote was needed for a reasonable suspicion or probable cause to exist in self-service stores like Sally's where customers are permitted to move, try on and carry merchandise in and about the store. The Woman's suit against the store and its Manager was, therefore, allowed to proceed and the benefit of the Shopkeeper's Privilege was denied to the store.