![]() ![]() This moment occurred less than seven minutes into the detention. 1998) (Sufficient evidence to constitute reasonable belief when the customer was seen in the relevant area, eating a bag of peanuts marked with store price sticker, and did not pay for peanuts upon leaving).įurther, Fisher could argue that the moment Vincent discovered the sunglasses in the shopping bag was old and scratched is the moment of establishing ownership. In contrast, a customer seen using or handling the product in the store's relevant section and not appearing to pay before attempting to leave does constitute reasonable belief. 1988) (Reasonable belief standard not met when employee never saw the theft of sunglasses, customer deny ever being near sunglasses display, and no witnesses placing customer near sunglasses). She stopped a patron without ever being confident that a theft had occurred, which the court determined to be only "unfounded naked suspicion." Id. In Odem, the employee never saw the detained patron "anywhere in the store" nor "did she entertain any suspicion about them." Id. Since Fisher can disprove two elements, York cannot claim shopkeeper's privilege as a defense, and Fisher will establish a false imprisonment cause. ![]() Vincent will likely not satisfy the reasonable time element either, because the total detainment was significantly longer than the time required to determine Fisher's innocence. Vincent will probably not meet the reasonable manner element because he immediately escalated to physical force and public name-calling/shaming. Vincent will likely satisfy the reasonable belief element because there is sufficient evidence of suspicious behavior to warrant him suspecting that Fisher could have stolen sunglasses. Under Texas law, shopkeeper's privilege is a legal justification for retailers to detain shoppers for (1) a reasonable amount of time in (2) a reasonable manner based on (3) the reasonable belief of theft. York and Fisher agree on the first two elements, so the critical issue here is whether Vincent detained Fisher with the legal authority of shopkeeper's privilege. Courts have stated the elements of false imprisonment as (1) willful detention (2) without consent (3) without legal authority. York Department Stores, and Vincent, will likely not prove shopkeeper's privilege accordingly, Fisher was falsely imprisoned. Just something to consider when you are reading, although I am not using sophisticated ones by any means. They are "signals" and there are rules for what you can use depending on the relationship of the cases that follow with your statement before. Just another note on this, you will read below things like See also, Compare. The period after the parenthesis - Required because a citation is like a sentence. Other interesting things for this? If you are citing a supreme court opinion, you don't include a court, and instead, just have the year. Nope, you don't use TX, so you have to look up every time what the bluebook state abbreviation is instead. would be the southern district court of Texas. Every court is abbreviated differently. So even if you are not citing a quote, you still have to cite the exact page where the things you paraphrased are discussed. If this sounds confusing and insane, I would agree with your opinion, but this is how lawyers like doing things I guess.ģ74, 375 - The first number is the page the opinion starts on, and the second number is where the thing you are citing is written on. So when you are researching on West Law or Lexis Nexis, even though the service uses some none preferred reporter, they will also list the primary preferred reporter, so you have to go and lookup based on the court your case is in, which is the preferred reporter and then figure out which page number is for which reporter in the opinion. S.W.2d - Depending on the court, there is a couple of reporters (legal publications of judicial opinion) to use and they are listed in order of preference. are italicized but the comma is not, and it really matters even though you can't really even tell The comma after Castillo - The party names and v. There is a table of about fifty words, so every time you site a case, you have to check the table to make sure any words on that list are abbreviated properly. You are not allowed to write out the word Company, and other common words.
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