Legal Question in Civil Litigation in New York

Petite Larceny/ Surveillance in Macy's Fitting Room

I'm charged with petite larceny from Macy's in Long Island,

New York. When I got caught I asked the loss prevention how

she caught me. She said she saw me in the fitting room. I

asked how that was possible and she said there are cameras. I

asked her how is that allowed, for her to watch people try

things on camera. She said the ''rooms say the fitting rooms

are monitored by the same sex personnel''. I always thought

that meant the women outside the room handing you the

number. It doesn't clearly state you are being recorded in the

dressing room and even if it did, is that legal? On my

deposition it states '' I took merchandise from the racks then

went to the fitting room where they observed me put it into

my bag and on myself, then they watched me leave. So they

saw me naked also. I don't mind paying for what I did because

I understand what I did was wrong but when I found out they

were watching me while I was in the fitting room, that also

doesn't seem fair. I payed what I stole times 5 ($500) and

$200 bail so far. Are they allowed to invade my privacy and

watch me in the fitting room?


Asked on 3/17/09, 4:48 pm

1 Answer from Attorneys
Avi Naveh

Re: Petite Larceny/ Surveillance in Macy's Fitting Room

Yes, they can conduct surveillance in fitting rooms if there is a legitimate purpose (such as preventing shoplifting). In New York, the corresponding statute is Penal Law � 250.45 - Unlawful surveillance in the second degree:

http://caselaw.lp.findlaw.com/nycodes/PEN250.45TXPEN0250.45.html

Read more
Answered on 3/18/09, 1:54 am


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