Question
Patricia Holguin went to Sally's Beauty Supply Storecarrying her eco-friendly canvas shopping tote,a largebag that is conspicuous when used. Upon entering thestore,there were no posted
Patricia Holguin went to Sally's Beauty Supply Storecarrying her "eco-friendly canvas shopping tote,a largebag that is conspicuous when used. Upon entering thestore,there were no posted signs stating that shoppingtotes were not allowed. She picked up a can of moussethat was not exactly what she wanted and started tocarry it in her tote toward the front counter to ask thecashier a question about it. As she walked toward thefront of the store, the assistant manager approached herand asked what was in the bag. She was detained by thismanager, who told her that once she put the hair moussein her tote bag,she was shoplifting. Folguin's lawsuitfor false imprisonment against the store was dismissedwith prejudice by the trial court. This court held thatonce she placed the merchandise in her bag, the storehad probable cause to believe she was shoplifting andhad a statutory conditional privilege to detain her, freefrom civil liability for false imprisonment, because she"willfully concealed merchandise." Holguin appealed.What should the court hold? Discuss the shopkeeper'sprivilege in this situation.
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