Common law赋予商店保安一定的特权,可以对于shoplifter嫌疑人进行调查,但是拘留的时间和方式要reasonable, 以调查取证为首要目的,调查没有证据支持盗窃行为要立即释放嫌疑人,或者联系警方来处理。时间超过合理期限(视情节),又没有证据表明偷窃,违反意愿的拘留嫌疑人可以起诉false imprisonment。文中的小留因为一对耳机被拘留了6个小时,期间还禁止通讯禁止打上厕所等等行为,保安的这种拘留显然已经超过了reasonable 的范畴,告苹果赢的几率很大。
She can certainly win the case if she didn't walk out of the store. If she has, the best case is to sue the store the bad or illegal treatment she got after she was detained.
First off, the only people that can arrest you for a crime are police officers. When you are in a store and are caught shoplifting by a store detective or security guard, they are not the people charging you with the crime of shoplifting. Instead, they are the witness to the crime, and may also be the victim of the crime. They inform the police of the crime, and the police then arrest you for shoplifting.