Section 3.44 Consent

• Library: Tort Law 2016

C. (§3.44) Consent

The mere fact that the plaintiff remains on the premises after the defendant summons the police does not prove consent to the detention when the plaintiff testifies that the plaintiff thought there was no choice but to remain. Quinn v. Rosenberg, 399 S.W.2d 433, 444 (Mo. App. E.D. 1966); see also Clark v. Skaggs Cos., 724 S.W.2d 545, 550 (Mo. App. W.D. 1986). When the facts are disputed, the issue of whether the plaintiff voluntarily remained in the defendant’s store to sign a confession or whether there was a compulsion to do so is for the jury. Teel v. May Dep’t Stores Co., 155 S.W.2d 74, 80 (Mo. 1941).

In Blair v. Wills, 420 F.3d 823 (8^th Cir. 2005), Mr. Blair was arrested when he was 16 years old. His parents asked the juvenile court to place him on...