Was Carrie Kinsella False

QUESTION PRESENTED Was Carrie Kinsella falsely imprisoned when her friend was physically led to the manager’s office and not allowed to leave while they were both suspected of shoplifting and being asked to wait until police arrived?
BRIEF ANSWER Probably not. False imprisonment is the unlawful restraint against a person’s will. However, there is an exception for merchants. With Kinsella’s facts, a court would probably find that Kinsella was lawfully held under the merchant’s exception since the manager informed the police of her detainment and surrendered her upon their arrival. A court might also rule that Kinsella consented to the confinement.
FACTS
On Labor Day, 2017, our client, Carrie Kinsella was shopping with her friend Hallie,

Kinsella asked him why and he said very loudly, “I think your friend has something that doesn’t belong to her.” He then led them to his office, still holding Hallie’s shoulder. When they reached his office, he told them they were both suspected of shoplifting and asked them to stay in his office until the police arrived. They were both really upset and when Hallie asked to use the restroom Maddux told her she could not leave his office until the police officer arrived to search her. When the police arrived, Maddux told the officer another customer saw Hallie put merchandise in her purse and he suspected both girls had eaten candy while they were shopping without paying for it. The police arrested Kinsella and Hallie. Both girls were put on trial, but ultimately acquitted of the shoplifting charges. Kinsella feels she should never have been held in Maddux’s office, arrested, or put on trial and is here seeking redress for the whole ordeal.

It had then been brought to the store’s attention twice by other customers that they suspected Hallie of shoplifting. Kinsella just being with Hallie would have initiated suspicion that she was shoplifting too. Hallie had several eye shadows laid out, which Kinsella was looking at and handling. Hallie put the eye shadows in the pocket of her purse before going to check out. There was reason to believe if she had one eye shadow in her purse she may have had more, some of which Kinsella may have put in there while she was looking at and handling them. Hallie also had merchandise on her person prior to checking out. Then, right after Maddux was told that a customer had earlier suspected Hallie of taking candy and eating it while she shopped he saw the girls go into the candy isle. While he could not see what they were doing because Kinsella’s back was turned to him, he had reason to suspect they were taking candy. Since it is clear Maddux did have reason to believe Kinsella was shoplifting we will next discuss whether she voluntarily consented to her