Cooke v. JJ Newberry Co.
232 A.2d 425, 96 N.J. Super. 9 (1967)
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Rule of Law:
Under a shoplifting statute that immunizes merchants from civil liability for detaining a suspect for a reasonable time, a detention of approximately 30 minutes for the purposes of investigation and determining whether to contact law enforcement is reasonable as a matter of law.
Facts:
- Lenore Rosemarie Cooke placed a pair of unpaid-for stretch pants from a J.J. Newberry and Co. store into a shopping bag from a different retailer.
- Cooke then exited the Newberry's store without paying for the merchandise.
- Earabino, a Newberry's security officer, stopped Cooke outside the store.
- Cooke immediately admitted that she had taken the pants without paying and offered to pay for them.
- Earabino refused payment and escorted Cooke to an office within the store.
- Inside the office, Earabino questioned Cooke, examined her handbag, checked for a prior record, and asked her to sign a form acknowledging the theft, which she initially refused to do.
- This detention by Earabino, from the time Cooke was stopped until the police were called, lasted for approximately 27 to 40 minutes.
Procedural Posture:
- After being detained by J.J. Newberry's security, Lenore Cooke was taken into custody by Paramus police after security officer Earabino signed a criminal complaint for larceny.
- A grand jury indicted Cooke for larceny.
- Following a trial, a jury acquitted Cooke of the larceny charge.
- Cooke then filed a civil suit against J.J. Newberry and Co. in a New Jersey trial court for false arrest and false imprisonment.
- At the conclusion of the trial, the judge directed a judgment in favor of the defendant, J.J. Newberry and Co.
- Cooke, as appellant, appealed the trial court's judgment to the Superior Court of New Jersey, Appellate Division, with J.J. Newberry and Co. as the respondent.
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Issue:
Does a merchant's detention of an admitted shoplifter for approximately 30 minutes to investigate and decide whether to press charges exceed the 'reasonable time' permitted under the New Jersey Shoplifting Act, thus creating liability for false imprisonment?
Opinions:
Majority - Gaulkin, S.J.A.D.
No. The detention of an admitted shoplifter for approximately 30 minutes does not exceed the 'reasonable time' permitted by statute and therefore does not create liability for false imprisonment. The New Jersey Shoplifting Act grants a merchant who has probable cause the right to detain a suspect not only to recover merchandise but also to conduct a brief investigation to determine whether to call the police. This investigation may include questioning the suspect, checking for other stolen goods, and attempting to get a written statement. The time period from when Cooke was stopped (around 8:10 PM) until the police were called (8:37 PM) was used for these legitimate purposes and was not unreasonable as a matter of law. The merchant is not responsible for any delay or detention that occurs after law enforcement takes custody of the suspect.
Dissenting - Labrecque, J.A.D.
Yes, the reasonableness of the detention was a question of fact for the jury, not a matter of law for the judge. While agreeing with the majority's interpretation of the law, the dissent argues that the determination of what constitutes a 'reasonable time' depends on an evaluation of multiple factors, which is the province of the jury. Since Cooke immediately admitted her actions, offered to pay, and had no other stolen merchandise from the store, a jury could have found that the subsequent 30-minute detention for further investigation was unreasonable. Therefore, the trial court erred in dismissing the case, and it should be remanded for a new trial where a jury can decide the issue.
Analysis:
This decision clarifies the scope of the merchant's privilege under shoplifting immunity statutes, establishing that 'reasonable time' for detention is not limited to the moments required to recover goods. It extends the privilege to include a period for investigation, such as questioning the suspect and deciding whether to involve law enforcement. This provides merchants with greater protection against false imprisonment lawsuits, so long as their investigation is purposeful and not unduly prolonged. The ruling shifts the legal analysis from a purely temporal one to a functional one, where the reasonableness of the duration is judged by the legitimate investigatory activities undertaken by the merchant during that time.
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