Dissent
Justice Holman dissented, noting that while the aforementioned facts are relevant to whether or not the plaintiff merely forgot to pay for the cigarettes, they were wholly irrelevant to whether the detective had probable cause to prosecute Mrs. Gustafson for shoplifting. Holman noteed that the removal of merchandise from a store without paying is generally held as probable cause for shoplifting, as cited in the case of Delp v. Zapp’s Drug and Variety Stores. Under this ruling, he argues that the defendant possessed probable cause.
Read more about this topic: Gustafson V. Payless
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