A lot of times in crime shows like Law and Order, the detectives would go to a business and ask them some information related to a crime. If the business refuses to divulge the information, the detectives would threaten that they would be back with a search warrant, and hold the business hostage for hours on end; which will result in the Business losing customers / income.
Does this happen a lot in reality ? Do businesses have any recourse to such harassment ? Have there been related lawsuits ?
I would not consider that “harassment”. The business is often just being a jerk.
I have used that once, but it was by phone, and I had requested one document for a fraud case. The owner said “he couldn’t be bothered” to find the doc, so I said I could sent a subpoena. He sent the doc the next day.
Cops don’t hesitate to threaten. Whether or not they actually go through the effort to get a warrant causes a lot of hesitation.
Depends on the scenario. If there’s relevant physical evidence (e.g. documents, computer/video files) that the business owner is refusing to voluntarily surrender, then there’s a legitimate justification for a search warrant to obtain those items, so not harassment. OTOH, if the business owner is refusing to divulge information that’s stored only in their noggin (e.g. the name of a customer who stopped by the store yesterday), then a search warrant wouldn’t be relevant, and would be harassment. However, they could potentially be subpoenaed to give testimony in a deposition or trial.
I can’t offer any factual information, but were I some of the business owners in those episodes, I’d double dog dare them to get a search warrant. Chances are they won’t be able to on the “probable cause” they don’t actually have, but even so, I’d make them work for it. Especially if it was Fontana. I hate that fucker.
Law & Order frequently goes overboard with that. I’ve seen episodes where they show a bartender / shopkeeper / waitress a photo of someone who passed through once several weeks ago, and they’ll say something like “Oh yeah, he was definitely here at 8 PM on a Tuesday night 5 weeks ago. He was with a woman who was 5’4” and had brown hair." I like the show, but some of that stuff is ridiculous.
Prosecuting attorneys have to remind juries that it doesn’t happen that way. IRL
The only thing that should be on a store owner’s mind is the loss of business. Idle threat or not, if they don’t cooperate at that point they’re telling the cops they want to conceal something. So on TV they’ll either give the cops what they want or confess immediately. In real life they don’t need to be threatened like that, business owners like the police, they’ll almost always give the cops what they want.
I’ve been aware of it a few times – generally when they’re looking for some business-type record that everyone knows exists (i.e., they’re not looking for some concealed evidence of a crime by the business). It’s inconvenient for everyone to get and execute a warrant (delay for the investigation, paperwork for the investigator, disruption for the business). I don’t think it’s harassment; in my experience, it’s fair assessment of the situation.
Yeah, that’s pretty much crazy.
If the customer was a regular, or memorable in some way- a real knockout beauty, started a fight, a real asshole, or a big spender- sure. But not some Joe who comes in, sits in a booth and has a drink with a lady.
I concur.
Case in point: Documents Show What Data Facebook Handed Over In Abortion Case (dailydot.com)
The police asked for info, and Meta bent over backwards to give it to them.