Just checking to see where receipt checking is against state law ~ in Virginia ~ and it’s not popping up. However, in Virginia if a merchant suspects you of shoplifting they can keep you for up to 1 hour awaiting the arrival of the police. Check this site: http://www.expertlaw.com/forums/showthread.php?t=52469&page=1
I don’t at all mind if a clerk stops me when they suspect me of theft...if they’ve seen me conceal something in my jacket and watched me leave the store without paying for it...any more than I would mind my car being searched with probable cause or my person being stopped in a Terry stop situation.
However checking receipts is not like that. The act of walking out of a store holding a Wal-Mart bag in my hand is NOT probable cause that I am stealing something...and they have no right to detain me.
Thanks for the case law, it was interesting!
Ed
One merely exiting a store with a purchased item is not evidence of a suspected theft. Since no loss prevention agent nor store employee observed a person taking or concealing an item for the purpose of theft, there can be no suspicion of theft. Unless, of course, the retailer suspects all customers of theft and treats all customers accordingly. Retailers would do better to strip search their own employees and monitor their executives 24/7 to greatly reduce financial losses.