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SMITH v. WHATLEY

No. 13003.

338 So.2d 153 (1976)

Carl SMITH and Patricia Smith, Plaintiffs-Appellees, v. Stanford B. WHATLEY d/b/a Fantasia No. 2, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied November 1, 1976.

Writ Refused January 7, 1977.

Attorney(s) appearing for the Case

Hamilton & Sermons by Joel M. Sermons, Shreveport, for defendant-appellant.

Lewis Weinstein by Richard Goorley, Shreveport, for plaintiffs-appellees.

Before BOLIN, PRICE and HALL, JJ.

En Banc. Rehearing Denied November 1, 1976.

BOLIN, Judge.

Patricia Smith was stopped and searched when her departure from defendant's clothing store activated a shoplifting warning device. The trial court held the search was unreasonable and awarded plaintiff $350 damages. Defendant appeals and we affirm.

The primary issue is whether, when the store employee admittedly detained and searched plaintiff, the employee had reasonable cause to believe plaintiff...

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