| 翻訳と辞書 |
| Shopkeeper's privilege ： ウィキペディア英語版 |
Shopkeeper's privilege
Shopkeeper's privilege is a common law recognized in some parts of the United States under which a shopkeeper is allowed to detain a suspected shoplifter on store property for a reasonable period of time, so long as the shopkeeper has cause to believe that the person detained in fact committed, or attempted to commit, theft of store property.〔W. Page, Keeton et al., ''Prosser and Keeton on the Law of Torts'' § 22, at 142 (5th ed. 1984)〕
==Limits==
The privilege to detain, although recognized in many jurisdictions, is not as broad as a police officer's privilege to arrest.〔''Cervantez v. J.C. Penney Co.'', 595 P.2d 975, 982 & n.5 (Cal. 1979)〕 If the shopkeeper exceeds the bounds of this privilege and makes an arrest, the lawfulness of his action will be determined by the jurisdiction's rules governing arrest by a private citizen. The shopkeeper's privilege is for the purpose of investigation only; if, after reasonable detention and investigation, the shopkeeper mistakenly concludes that the suspect is guilty and has him arrested, he presumably becomes liable for these acts just as he would have been had he committed them without undertaking a prior detention and investigation.〔The Protection and Recapture of Merchandise from Shoplifters, 47 NW. U. L. Rev. 82, 90 (1952)〕 Statutes in many states have broadened the common law privilege by expressly permitting detention of the suspect until the police arrive.〔''Jacques v. Sears, Roebuck & Co.'', 285 N.E.2d 871, 876 (N.Y. 1972)〕 In other cases, case precedent has provided shopkeepers with similar tools.〔''Wal-Mart Stores, Inc. v. Resendez'', 962 S.W.2d 539 (Sup. Ct., Tex., 1998)〕 The practical effect of these extensions is to give the shopkeeper the same privilege as a police officer to make an arrest on reasonable grounds.〔''People v. Jones'', 393 N.E.2d 443, 445 (N.Y. 1979); ''State v. Hughes'', 598 N.E.2d 916, 918 (Ohio C.P. 1992)〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Shopkeeper's privilege」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|