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Home > Law > Other Law   »   checking receipt and items.

 
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Old Aug 1, 2006, 04:09 PM
tu thuc
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checking receipt and items.

When we buy something at department stores such as Fry's Electronic or Comp Usa... At the door, before we get out, the security person asks receipt and checks how many items in the bag. Is it legal or not legal for checking what we buy? And what happen if we do not let security person do that?


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CaptainForest agrees: Excellent Question!
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Old Aug 1, 2006, 04:53 PM   #2  
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Hello tu:

In this country you are protected from the government searching you. There is nothing in the law that protects you from a private company searching you. You're on their property. If you don't want to be searched by these companies, don't give them your money.

If you refuse to be searched, they can hold you for the police. If the police don't find anything, you can sue the store. If they physically attempt to search you, and you refuse, or if they physically attempt to restrain you (and you don't have any stolen items in your bag) you can sue them for big money.

If you consent to be searched, and they find stolen items, the search will most likely be found to be legal and you will probably be convicted. If you don't consent to a search by private security guards, and they search you anyway, that search too will be found to be legal because the store security guards aren't government employees.

If it were me, however, and the company I was doing business with didn't trust me, I'd never buy a thing from them.

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Old Aug 1, 2006, 05:34 PM   #3  
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Merely ask them to carry it out to your car for you, saves you all sorts of trouble since you are not carrying it out to the car. Esp if you are disabled they have obligation to help disabled.
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Old Aug 1, 2006, 07:05 PM   #4  
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To excon and FR_chuck. Thanks. I got your answers. Everybody buy anything at Fry's Electronic in California have to open bag at the door.
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Old Aug 1, 2006, 07:18 PM   #5  
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tu thuc, great question!

If you (or anyone) has ever been to the store COSTCO, they do the same thing there.

I never thought about it before, about the search thing. Then again, I have never had anything to hide.

I am just speculating here, but perhaps with a place like COSTCO, it says in the application form that you agree to be searched when leaving with product.

But at a store that does not require you to buy a membership card….I have never been to one of those before.

I take back what I just said. I think I have been searched at a Walmart in the USA before.

I should look into the COSTCO membership form, and see if there was an agreement to be searched.

And with Walmart. I am interested to see what they would do if I refused to be searched. Perhaps I should experiment.
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Old Aug 2, 2006, 08:10 AM   #6  
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That unfortunately is the price we all pay because of the dirt-bags who steal from stores.
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Old Nov 28, 2006, 07:25 PM   #7  
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This information is absolutely false!

A store has no automatic right to check your receipt or search your bags. If you choose, you can CONSENT to a search by stopping and showing your receipt. But if you feel like this invasive "anti-theft" practice is a waste of your precious time and erodes at your human dignity for the sake of a better bottom line, DON'T STOP. Politely ask if the store is detaining you for shoplifting. If they try to forcibly detain you, YOU have the right to call the police. It is unlawful arrest. It is a violation of your constitutional rights. In California, unlawful detainment is a violation of Penal Code 236.

Be aware of your rights and act like a citizen by STANDING UP FOR YOUR RIGHTS! This country is supposed to be about LIBERTY, not profit margins!
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Old Nov 29, 2006, 07:10 PM   #8  
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Quote:
Originally Posted by rayoflight
This information is absolutely false!

A store has no automatic right to check your receipt or search your bags. If you choose, you can CONSENT to a search by stopping and showing your receipt. But if you feel like this invasive "anti-theft" practice is a waste of your precious time and erodes at your human dignity for the sake of a better bottom line, DON'T STOP. Politely ask if the store is detaining you for shoplifting. If they try to forcibly detain you, YOU have the right to call the police. It is unlawful arrest. It is a violation of your constitutional rights. In California, unlawful detainment is a violation of Penal Code 236.

Be aware of your rights and act like a citizen by STANDING UP FOR YOUR RIGHTS! This country is supposed to be about LIBERTY, not profit margins!

Technically what you say is true.

And at a Walmart, for sure.

But at a place like COSTCO, where you have a membership card, they then have the right to REVOKE your membership.

People buy the membership card b/c they want to shop at COSTCO, not to lose their membership.

But then COSTCO could make the argument that you did consent to it when you purchased the membership card. And by not allowing them to check your bag, you are revoking your membership and thereby stealing products you have not full paid for.

I would love to know if anyone knows of an actual court case dealing with this.
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Old Aug 3, 2008, 08:08 AM   #9  
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At Walmart, Bestbuy, Fry's, and anywhere else that ask to see your receipt. You better show it. They are in full right to ask you as a privately run store they set their policy's. It is in your full right to not show them if you don't want to shop at that store again. Retail stores have complete rights to 86 you from their store if you don't follow their policy's whether you read them on the way in or not. If you were to try and leave the store, yes Management would come down and probably security as well and explain to you that either you can abide by company policy by showing your receipt or you can get off the premises and never come back.
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