On Tue, 11 Jan 2005 14:26:35 -0500, Mark wrote:

}They will still be found just in making their original detainment based on
}their "good faith" judgement.

Maybe, maybe not. A good faith defense in this case depends on the
assumption that the equipment used is reliable. Daily or even weekly false
alarms do not add to good faith beliefs -- especially enough to detain and
search indiscriminately.

My wife had a purse that would set off the alarm at Border's while she
walked INTO the store from the parking lot (it was embarrassing as hell).
Would that give them the right to "detain and search" her? No. Every court
goes on the premise of what is reasonable (and there are arguments here for
both sides). You do have to be careful when putting any legal issue into
one basket or another as it often depends on the "totality of the
circumstances" (and sadly, sometimes the deeper pockets)...

Depending on the state laws, good faith does not even play a part when it
comes to citizen's arrests. You have to be correct or risk serious civil
penalties. As a cop, I have a whole lot more latitude in being mistaken (at
least in this situation)...

Good discussion even though it is probably way off topic...

Later,
Dave