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HOLGUIN v. SALLY BEAUTY SUPPLY INC.

No. 29,624.

264 P.3d 732 (2011)

2011 NMCA 100

Patricia HOLGUIN, Plaintiff-Appellant, v. SALLY BEAUTY SUPPLY INC. and Amanda Estrada, individually, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied, September 7, 2011, No. 33,151.

Attorney(s) appearing for the Case

Behles Law Firm, P.C., Jennie Deden Behles , Albuquerque, NM, Eric N. Ortiz, LLC, Eric N. Ortiz , Albuquerque, NM, for Appellant.

Butt, Thornton & Baehr, PC, Phillip W. Cheves , Albuquerque, NM, for Appellees.

OPINION

VIGIL, Judge.

{1} Merchants have a conditional privilege to detain a customer in a reasonable manner, for a reasonable time, to effect a recovery of the merchandise when they have probable cause to believe the customer has willfully concealed merchandise. Two questions of first impression are presented in this case: (1) whether a customer who places merchandise into a reusable, personal canvas shopping bag, without more, has "willfully...

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