Posted on 09/03/2007 3:19:20 PM PDT by antiRepublicrat
Today was an eventful day. I drove to Cleveland, reunited with my father’s side of the family and got arrested. More on that arrested part to come.
For the labor day weekend my father decided to host a small family reunion. My sister flew in from California and I drove in from Pittsburgh to visit my father, his wife and my little brother and sister. Shortly after arriving we packed the whole family into my father’s Buick and headed off to the grocery store to buy some ingredients to make monkeybread. (It’s my little sister’s birthday today and that was her cute/bizare birthday request.)
Next to the grocery store was a Circuit City. (The Brooklyn, Ohio Circuit City to be exact.) Having forgotten that it was my sister’s birthday I decided to run in and buy her a last minute gift. I settled on Disney’s “Cars” game for the Nintendo Wii. I also needed to purchase a Power Squid surge protector which I paid for separately with my business credit card. As I headed towards the exit doors I passed a gentleman whose name I would later learn is Santura. As I began to walk towards the doors Santura said, “Sir, I need to examine your receipt.” I responded by continuing to walk past him while saying, “No thank you.”
As I walked through the double doors I heard Santura yelling for his manager behind me. My father and the family had the Buick pulled up waiting for me outside the doors to Circuit City. I opened the door and got into the back seat while Santura and his manager, whose name I have since learned is Joe Atha, came running up to the vehicle.
(Excerpt) Read more at newsite.michaelrighi.com ...
You do if you enter a store knowing that it is the policy of the store to check bags and receipts upon exit. Once you know that you cannot refuse to co operate with store policy since by entering the establishment you have agreed to abide by it.
There are a seriew of cases regarding shoplifing and what can and can not be done.
Receipt checks are about stopping shop lifters and insider assitance for shoplifters when the cashier intentionally does not ring up all items. (it would not suprise me if the store has a security video on all cahiers which also show on the image exactly what is being rung up.)
Here we have a man who is ignoring an in store on premisis security check, he then acts like a thief.
I will see what I can find a bit later.
This is a private business exchange and different than the cops regulations until the cops are called in.
Which part of what I said seems wrong to you?
The scariest part of this work is that the store wants you to stop the suspected shoplifter without force and without knowing if they are armed.
I used to work in a prison and I wouldn't trade jobs with her.
It’s not illegal to be an “a-hole”. Cite the Ohio law that states any citizen must produce identification when in a parking lot after legally making a purchase and no crime was committed except for being illegally detained from leaving by the proprietors of said store.
There is no law against any such thing. That’s why the cop could only file such a flimsy charge, and I wouldn’t doubt it gets thrown out by the judge.
Perhaps you don't know, it's not shoplifiting until they hit the exit.
lol... Yep. I know. I was merely pointing out that people who act like A-holes often get treated like A-holes. It’s a human nature thing, not a law thing.
So the store should say, go ahead with our products because we haven't had time to run the tapes back for your entire visit to the store.
All that on each customer instead of you showing your receipt at the door. Let's drive the cost of security way up so we can't afford the product, but you won't be violated leaving the store. No dice.
Give us something that protects the rights of the store to not have you steal their product and we'll take a look at it.
No, I’m saying that they never have the authority to check my property, unless they have probable cause to believe I shoplifted something, and the receipt check does not count as probable cause.
I am starting to waver on my general agreement with that given all that has been posted here. Even if there is any implied consent or if the sale contract of adherence has such a clause indicating consent, it can be overridden by law and made unenforceable. For example, good luck to the ink jet manufacturer in my state who gives you a contract with your printer, or license with the software, that prohibits you from refilling or remanufacturing the toner cartridges. The law expressly renders such terms unenforceable as a matter of public policy. It’s probably the same in yours as I believe all states go off the Uniform Commercial Code. In any case it is unenforceable of a judge or jury decides it’s unconscionable.
I don’t suggest trying that with the deputy if you’re stopped. You’ll probably be Tazered, or beaten senseless, or both.
” What is NOT within your rights is to search my belongings without my consent, and then detain me when I refuse to allow the search.”
So I guess you are in favor of making it easier for shop lifters to steal? Interesting. There are only two reasons I can think of that would lead you to this conclusion. I imagine you are aware of both of them so I won’t go into them.
If I’m walking along the sidewalk, and the deputy does that for failure to produce a photo ID, I’ll also get a nice fat check from the city for my trouble.
Are you saying they have no right to have that policy or to enforce it? Are you saying that a business or private citizen is held to the same standard as governmental agents when protecting their property rights?
I will guess that you don't own a retail business.
No, I’m in favor of keeping my rights. It’s not my fault the store can’t come up with a better security policy to control shoplifting, is it?
# 1800 - OHIO: SHOPLIFTING LAWS
Summary Of Detention Provisions
Who is covered? A merchant, a merchant’s employee or his agent, or a police officer.
What can the merchant, his employee, or agent do? Detain a person within or without a mercantile establishment for the purpose of recovering the article he believes has been taken or in order to cause the arrest of such person.
What are the ground rules for such detention? The law provides that such detention can be made, but:
1. There must be “probable cause” for believing that items offered for sale have been unlawfully taken.
2. Such detention must be “without search.”
3. Such detention must be without using “undue restraint.”
4. Detention must be in a “reasonable manner” to cause an arrest or to recover items unlawfully taken.
5. Detention must be for a “reasonable length of time.”
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