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To: nicmarlo
Stores do not declare all their customers shoplifters. Where did you get that from. Shoplifting is a billion dollar problem. Some stores check product leaving the store to see if it matches the receipt. The people who do these systems say it prevents a lot of theft. Now what is illegal about that? I guess the major chains that do that are all doing something illegals for decades.

If you don't follow the policy of the store regarding product check, I believe that to be reasonable cause. If you just want to exercise your libertarianism, you should shop at non-totalitarian stores where they don't give a damn if you steal and raise prices.

Store employees have the right to detain and make citizens arrests. I know some one who has done it dozens of time and successfully testified about it in court.

311 posted on 09/04/2007 8:45:39 AM PDT by pierstroll
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To: pierstroll

I just posted the Ohio law.

Merchants cannot legally detain anyone unless they have a reasonable suspicion someone stole.

Merchants cannot legally search anyone.

This store illegally detained the guy AND they demanded to search him.


313 posted on 09/04/2007 8:47:14 AM PDT by nicmarlo
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To: pierstroll
Stores do not declare all their customers shoplifters. Where did you get that from.

They take the default position that everyone is stealing but demanding that everyone prove they didn't steal when they leave the store, but subjecting them to searches.

315 posted on 09/04/2007 8:48:36 AM PDT by nicmarlo
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To: pierstroll
Some stores check product leaving the store to see if it matches the receipt. The people who do these systems say it prevents a lot of theft. Now what is illegal about that?

Absolutely nothing is illegal about that. I don't debate that it's absolutely legal for stores to ask to check my receipt. However, I'm also trying to tell you that it is also legal for me to refuse such a search.
320 posted on 09/04/2007 8:51:38 AM PDT by Quick1 (There is no Theory of Evolution. Just a list of animals Chuck Norris allows to live.)
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To: pierstroll
If you don't follow the policy of the store...

Store policies MUST be in line with their state laws. Ohio law does not allow any merchant to detain customers without reasonable suspicion that someone stole; a reasonable suspicion would likely include observing someone taking something for which they did not pay, such as observing them putting it in a purse, under their jacket, or something similar.

321 posted on 09/04/2007 8:51:40 AM PDT by nicmarlo
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To: pierstroll
Stores do not declare all their customers shoplifters. Where did you get that from. Shoplifting is a billion dollar problem. Some stores check product leaving the store to see if it matches the receipt. The people who do these systems say it prevents a lot of theft. Now what is illegal about that? I guess the major chains that do that are all doing something illegals for decades.

Its only illegal if they force the search or detain you based on your refusal to allow a search. No matter what “they” say, the stats are that most theft is from employees.

If you don’t follow the policy of the store regarding product check, I believe that to be reasonable cause. If you just want to exercise your libertarianism, you should shop at non-totalitarian stores where they don’t give a damn if you steal and raise prices.

Your belief is incorrect. Refusing a voluntary search is not probable cause for the cops or a merchant

Most likely it is not a citizens arrest but the invoking of shopkeepers privilege. Only a fool uses citizens arrest. Also they are most likely a trained Loss Prevention specialist, who would know better that to use refusal to search as the pretext for detention.

322 posted on 09/04/2007 8:51:56 AM PDT by Starwolf
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