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    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #1

    Aug 28, 2005, 05:17 PM
    Shoplifting
    Is it considered shoplifting to consume something that you intend to purchase in a store before actually paying for it (e.g. a can of soda), even if you intend to pay for it all along and in fact do pay for it immediately after consuming it?
    wzartv's Avatar
    wzartv Posts: 402, Reputation: 21
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    #2

    Aug 28, 2005, 05:48 PM
    See the problem with that, even though technically it isn't stealing, is that any store personel have no idea whether you intend on paying for it, so any store you would go to would probably consider that to be shoplifting
    labman's Avatar
    labman Posts: 10,580, Reputation: 551
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    #3

    Aug 28, 2005, 08:35 PM
    A couple of times when I wasn't properly prepared to take a puppy in a store, I have suddenly grabbed a roll of paper towels and opened them. I carefully saved the bar code for the checkout and had no problems. There is also the matter of explaining the bag with the dog's stools in it as you leave.

    With our criminal favoring justice system, as long as you don't leave without paying for it, I think you are safe. Still if you are that thirsty, you might do better to park your cart, and step out to the vending area frequently at the entrance. And it is possible to work you way into real problems, one small step at a time.
    thebriggsdude's Avatar
    thebriggsdude Posts: 1,096, Reputation: 53
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    #4

    Aug 28, 2005, 08:59 PM
    Nothing to worry about, it isn't shoplifting, or evil to do it, if you then pay for it afterwards, think of it as getting your gas, then paying for it. Which I do all the time.. the main point here is, if you do pay for it, nothing wrong done.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #5

    Aug 29, 2005, 10:44 AM
    Shoplifting
    Thanks all for your responses. To share a little bit of background, I work part-time as a cashier in a local conveinience store. Quite often, customers will arrive at my register and hand me an empty or partially empty drink bottle or food container, having obviously already consumed some or all of it before paying for it. Of course, I then just scan the bar code in the usual manner, collect their money and hand them their change and everyone goes on their merry way with no real harm done. I have often wondered if it's technically legal to do that or if they are in fact guilty of shoplifting by consuming product that hasn't yet been paid for. Actual shoplifting doesn't happen very often in my store, but it is a concern and, in my opinion, customres who habitually consume things before paying come dangerously close to crossing the line. Any further thoughts on this? Please share them with me. I'd especially like to hear from someone with formal legal knowledge, such as a police officer, attorney or judge. Thanks.
    labman's Avatar
    labman Posts: 10,580, Reputation: 551
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    #6

    Aug 29, 2005, 11:28 AM
    I think the most reliable guidance for you will come from your supervisor or the owner. If you are the owner, any association you are a part of or the chamber of comerce may have a suggested policy. Owners walk a fine line between being ripped off or sued.
    fredg's Avatar
    fredg Posts: 4,926, Reputation: 674
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    #7

    Sep 21, 2005, 06:05 AM
    Shoplifting
    Hi,
    Why not do the obvious when you are in a store?
    Don't do it!
    Don't drink a pop you haven't yet paid for, or bottle water, or eat anything you haven't yet paid for.
    Do as employees of the store do; pay for it, get a receipt, then drink or eat it, keeping the receipt in your pocket.
    Is this common sense or what? If the store really wants to be picky, they could cause you trouble while you are doing it.
    Technically, you have not "shoplifted" until you have walked passed the cash registers, on your way out of the store.
    But, why take a chance? Got money for a lawyer?
    Best wishes,
    fredg
    thebriggsdude's Avatar
    thebriggsdude Posts: 1,096, Reputation: 53
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    #8

    Sep 21, 2005, 06:58 PM
    Quote Originally Posted by fredg
    Hi,
    Why not do the obvious when you are in a store?
    Don't do it !!
    Don't drink a pop you haven't yet paid for, or bottle water, or eat anything you haven't yet paid for.
    Do as employees of the store do; pay for it, get a receipt, then drink or eat it, keeping the receipt in your pocket.
    Is this common sense or what? If the store really wants to be picky, they could cause you trouble while you are doing it.
    Technically, you have not "shoplifted" until you have walked passed the cash registers, on your way out of the store.
    But, why take a chance? Got money for a lawyer??
    Best wishes,
    fredg
    Is this towards ( s_cianci ) who runs the place, or the people whom go into the store and do this sort of thing, it really isn't " stealing " but if your uncomfortable, state it out front on the door, on the machines, cashregister, etc. I mean I know the store I go to almost every day, states a no shirt, no shoes, no service right out front... and a pay before you pump sign... but like I said, they know me, unlike some stranger who walks in, so rules stated right out into the opening, good rule of thumb to do so.
    rkim291968's Avatar
    rkim291968 Posts: 261, Reputation: 34
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    #9

    Sep 21, 2005, 09:34 PM
    Quote Originally Posted by s_cianci
    Is it considered shoplifting to consume something that you intend to purchase in a store before actually paying for it (e.g. a can of soda), even if you intend to pay for it all along and in fact do pay for it immediately after consuming it?
    Others gave you advice on your initial question. I will touch on things they haven't said to you.

    If you drink it and forget to pay, then it can be viewed as a dishonest act. If you drink it often enough, "forgetting" to pay will eventually happen. I just hope that you don't get caught when that happens. Despite your honest intention, you can get into a legal trouble.
    vex's Avatar
    vex Posts: 14, Reputation: 2
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    #10

    Jan 27, 2006, 06:31 PM
    I realise you are in a different country, and of course laws would vary, but common sense can dictate this one. Until you have left the store, or passed the point at which you are understood to pay for the item, it cannot be said that you have, or established if you intent to in fact steal this item. Its simply logical. If the person discards the items wrapper in the store, it could be argued that you did not intend to pay for the item, but until you pass the register, and in some cases even leave the premisis, it could not be considered a theft.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #11

    Jan 27, 2006, 06:46 PM
    Wow.

    In my opinion, it is theft. The gas example someone gave doesn't apply. In that case, the practice of the employer is to let you consume the product first, then pay for it.

    Actually, it alls depends on the store owner's policy. But customarily, in a convince store, you don't go drinking/eating the food until you have paid for it.

    Perhaps you put up a sign, tell people when you see them doing it.
    vex's Avatar
    vex Posts: 14, Reputation: 2
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    #12

    Jan 27, 2006, 07:05 PM
    I do see how I person could see it as a theft, but it sincerely is not. It can only be established that the customer did intend to leave the store without payment, until they have physically left the store. Otherwise, where do you draw the line? Does a person trying a jacket on in a store before deciding to purchase it qualify? It can only be said beyond a reasonable doubt that non payment was intended, and more appropriately encersised until the customer crosses the final point at which payment could be made (in most cases, the register) think about it? It does make perfect sense.
    klmgb's Avatar
    klmgb Posts: 114, Reputation: 13
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    #13

    Jan 27, 2006, 07:13 PM
    I think in most places you have to either leave the premises or otherwise show intention not to pay for the item i.e. throw the wrapper/can away, hide the product under you clothing, etc... I do this quite frequently, not normally in convenience stores, but if my wife and I go shopping we will grab a can of soda/water and drink it while shopping then have the cashier ring the empty can. Never been a problem. Also, keep in mind that if you are eating grapes, cherries, etc, before you pay for them that is probably shoplfting because there is usually no way to detremine the price after you consumed them.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #14

    Jan 27, 2006, 07:41 PM
    Quote Originally Posted by vex
    I do see how i person could see it as a theft, but it sincerely is not. It can only be established that the customer did intend to leave the store without payment, until they have physically left the store. Otherwise, where do you draw the line? does a person trying a jacket on in a store before deciding to purchase it qualify? It can only be said beyond a reasonable doubt that non payment was intended, and more appropriately encersised until the customer crosses the final point at which payment could be made (in most cases, the register) think about it? it does make perfect sense.
    Vex,
    In the case you described, you try the jacket on then put it back. The jacket can still be consumed by another customer. If you eat the entire bag of chips or drink the entire boddle of pop, then no customer can ever consume the product again.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #15

    Jan 27, 2006, 07:44 PM
    Quote Originally Posted by klmgb
    I think in most places you have to either leave the premises or otherwise show intention not to pay for the item ie, throw the wrapper/can away, hide the product under you clothing, etc... I do this quite frequently, not normally in convenience stores, but if my wife and I go shopping we will grab a can of soda/water and drink it while shopping then have the cashier ring the empty can. Never been a problem. Also, keep in mind that if you are eating grapes, cherries, etc, before you pay for them that is probably shoplfting because there is usually no way to detremine the price after you consumed them.
    Yes. Here is a scenario for you.

    I go shopping, I consume a can of pop of theirs while shopping. When I get close to the cash register to pay for all my purchases, I toss the empty pop bottle to the side. I then pay for the rest of my things. That is theft as I drank their pop and did not pay for it.

    The point is that there is no way to know if someone will toss their bottle or not. That is why no one should be allowed to open it until they actually pay for it.
    vex's Avatar
    vex Posts: 14, Reputation: 2
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    #16

    Jan 27, 2006, 08:27 PM
    That scenerio IS shoplifting... ONCE they leave, or pass the register, as I said. Its not my meaning to argue, but to state fact. What is or is not shoplifting is not a matter of opinion, there are circumstances which ARE, others ARE not. In the case you described, though it is reasonable to assume it is not the intent of the customer to pay once they throw the pop, it is not certain until they walk away from the register.
    As a rehabilitated thief, and brother of a head of store security for a major dept store, I assure you, I know of what I speak.
    sideoutshu's Avatar
    sideoutshu Posts: 225, Reputation: 23
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    #17

    Jan 27, 2006, 08:33 PM
    You can not be charged with shoplifting until you leave the premises. The most common way we can get people off for shoplifting is when the overzealous security personnel apprehend people before they get outside.
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #18

    Jan 27, 2006, 08:35 PM
    I didn't mean to insinuate that you didn't know what you were talking about.

    I just don't get it. I put my empty pop bottle down in Aisle 1, I go to Aisle 10 then to cashier then out. Frankly, once I put the bottle down in Aisle 1, I think that is theft (if you have to draw a thin line).

    Frankly, I don't think people should be opening it.

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