Case Analysis: Smith v. Store

Please identify the legal issue and applicable rule and
facts to the attached case.

Smith v. Store

Smith was a part-time checker for a store. During one
particular sale, she and a customer, had a disagreement about the
“sale” price of a particular item; the customer left her merchandise
at the counter and went to check the listed price on the shelf. While waiting
for the customer to return, Smith voided out that sale and put the merchandise
aside in order to continue helping the other customers in line. When the
customer returned, she accused Smith of taking $10.00 that she had left on the
counter with her merchandise. Smith denied even seeing the money. The store
manager searched Smith’s coat pockets and did not find any money. He then
balanced her cash drawer, and it balanced perfectly. The customer was still
convinced that Smith had taken her money and continued to cause a loud scene.
The store manager asked a female employee to accompany Smith to the washroom in
order to strip searches her for the money. Smith was asked to strip down to her
briefs, and there was no sign of any money. The customer claimed that she had
$500-600 dollars in her purse; she wouldn’t count it out, but she maintained
her belief that Smith had stolen her money. Smith quit her job soon after this
incident and filed charges based on invasion of privacy against the store.