What are my rights if I was physically restrained by a loss prevention employee of a grocery store I’m accused of stealing from?

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What are my rights if I was physically restrained by a loss prevention employee of a grocery store I’m accused of stealing from?

Is that allowed? He bear hugged me, picked me up and carried me inside the store when I was not resisting at all. Is this a violation of my rights?

Asked on October 25, 2012 under Criminal Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Many states have certain statutes allowing a shop keeper to detain a suspected shoplifter without legal liability. Whether the use of force by the loss prevention employee was permitted by statute depends upon what the statute in your state says and what an attorney on the subject believes. The key issue is were you taking something that did not belong to you? If so, then the employee was justified in what he or she did.


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