My 16 year old was in a store and her friend jumped into a display box and ripped it. Then an employee told them they had to come with him. He took them into a room and the manager came in and told them that she could charge them with property damage. She called the police no charges where pressed but they have been kicked out of all the stores for two years. How can my child be punished when she did not do anything wrong? And is it legal for them to hold her when she didn't commit a crime?
Yes, most likely the store acted legally. I would want to know how long the 16-year old was held, but it has to be a "reasonable" amount of time. A shopkeeper has a privilege detain people they have probable cause to believe committed retail theft. If the store had probable cause to believe your child participated in the damaging of their property, then they have a defense to any false imprisonment claims you might make. As for being banned for two years, they are a private business, and they can refuse to admit anyone they want.
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