Posted on 02/14/2004 4:22:55 PM PST by Stu Cohen
Okay, I am in a big hurry for a birthday party and I run into a large consumer electronics store today to make a last minute purchase. I know I’m short for time, so I get the first item that looks like it will be acceptable (I usually comparison shop a lot). I quickly take the item to a cash register, and pay for it.
I head for the door, hoping that traffic is light since I have about 15 minutes to get to the party. What is at the door? A HUGE line, about 15-20 people long. Apparently, nobody can leave the store without having their bags checked against their receipts … and the doorman decides that they haven’t stolen anything.
For the record, they also had those “anti-theft” detectors at the door, so presumably someone would set it off had they stolen something.
Now, this particular doorman was not very fast. He looked at every item on everyone’s receipt, and put some kind of highlight mark next to each one. It literally would have taken me 20 minutes to exit the store.
So, I simply head out the door, past the doorman. I did not set off the theft detector … but he chases me out to the parking lot anyway and says “you can’t leave”.
I say, “I can leave. I just did leave. You have no legal basis to prevent me from leaving the store when I feel like it”.
He says, “we reserve the right to check all packages”.
I say, “what happens if I refuse to let you check my package”.
He says, “we reserve the right to deny you entry into the store”.
I say “Great! I’m not in the store and I don’t want to go into the store, so we have no problem”
He says, “get back in line so we can check your packages”.
I say, “ I don’t have time, and I don’t have to. I am now outside the store, everything I have in my bag is owned by me, and I have the receipts to prove it. Unless you have probable cause that I have stolen something then you cannot force me to stay in your store for 20 minutes with MY property. I paid for it. I now own it. It’s mine.”
He says “I’m calling the cops”.
I say “Go ahead”.
I leave.
He walks back to the store in a huff.
I’ve no idea if he called anybody. I somewhat doubt it since nobody witnessed any type of crime being committed.
Now, my question to you freepers who may have an inkling as to what the law is:
Can you be forced to stand in a line after you have paid for goods before you can leave a store? Does the fact that you have purchased something give the store the right to forbid you to leave? What if the line is 10 minutes long, 20 minutes long, an hour long? Are you legally obligated to stay in the store to prove that you have no stolen anything? Aren’t you free to leave when you feel like it, provided that you own all of the merchandise on your person?
I realize that we all usually concede to this “theft checks” as a courtesy, and we usually leave our bags in the front when we enter a store. Sure, if you don’t check your bag they can deny you entry or ask you to leave, but barring someone witnessing you stealing something, can they actively prevent you from leaving? What if you get a call on your cell phone that your wife is in labor or that the dog ran away? You can’t sprint out the door headed for home unless minimum wage guy at the door gives you the green light? You have to drop all your bags with all your possessions inside the store in order to leave (you couldn’t put something in your pocket?).
Correct me if I’m wrong, but detention requires affirmative probable cause, and standing in line to have your bag inspected is simply a courtesy that we have all become accustomed to, and are willing to do if it is done with reasonable speed … but we are in no way required by law to do this.
I didn’t steal anything. I committed no crime. From what I understand, your only legal obligation on private property is to leave when ordered. You can’t be ordered onto private property to satisfy someone’s curiosity or to prove your innocence.
Must I stand in line to prove my innocence before being able to leave a store, or is this one of those “myth requirements” that eventually works it’s way into the American Psyche as being a law by default … simply because most everyone agrees to do it? Aren’t we free to leave when we wish?
Can any armchair (or real) lawyers out there give me the scoop on this "company policy"?
Needless to say, I am not shopping there again - but what does the law say about this practice?
And I never hand over belongings when I walk in to a store. Nieman Marcus and Bloomingdales don't check receipts or take your bags away from you. Where do these other stores get off?
Absolutely yes,in my state, to permit the storekeeper to inspect the receipt and compare to the merchandise, providing it is conducted in a reasonable manner and is not discriminatory.
Storekeepers have all kinds of rights while you are on their property (again, in my state). You also have rights, but they don't include the right to waive an inspection. You could return the merchandise at that point, of course.
Having said that, I have been on both sides here, as a storekeeper and as an irate customer at Wal-Mart who did an end-run around the checker. No sensible business is actually going to call the police or detain you unless they have some reason to believe that a property loss in occurring (such as direct observation of concealment).
In any kind of secure environment that happens all the time. But these usually involve government contracts of one form or another. In a purely private setting, I'm not sure.
Cut those two things, and you save $$$.
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