Bonkowski v. Arlan’s Department Store
Michigan Court of Appeals
162 N.W.2d 347 (Mich. Ct. App. 1968)
The merchant-privilege gives a merchant the privilege to detain an individual within the immediate vicinity of his premises for reasonable investigation on the basis that he believes the person has unlawfully taken chattel.
Relevant Facts
Bonkowski (the plaintiff) was in Arlan’s Department Store (the defendant) with her husband where they made several purchases. As they were walking to their car, an officer (the defendant) approached the plaintiff and asked her to return to the store. The officer informed the plaintiff that someone had told him that the plaintiff took some jewelry and placed it in her purse without paying. The plaintiff denied this. The officer then asked the plaintiff to empty the contents of her purse, and the plaintiff did so. The plaintiff also produced receipts for the items she purchased, and was released. Subsequently the plaintiff sued both defendants for false arrest and slander. The jury returned a verdict for the plaintiff. The defendants appealed the decision to the Court of Appeals of Michigan.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
January 7, 2021
Judicial Opinion
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Procedural History
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Citations
162 N.W.2d 347 (Mich. Ct. App. 1968)