Posted on 02/02/2006 6:14:17 AM PST by television is just wrong
Went into Kmart yesterday. Purchased my item. Walked to the door and a clerk wanted to go through my bag. Her position is called 'loss prevention'
Is This Illegal Search and seizure??? When I have purchased something, it is paid for put in a bag, is it not considered then my personal property? Then why am I subject to having that purchase inspected upon leaving the store???
this practice is expanding. It started at Costco, many years ago, and now it is at many discount stores. Is this actually illegal search and seizure? Do I have a right to refuse to let them look at what are now my belongings???
Well, the fourth amendment tells you what the government cannot do to you. Costco, Walmart, Home Depot, etc, are not the government. After all, you have a choice. Knowing they do this, you can chose not to patronize their store if you disagree with their policies.
It's only illegal if a government law enforcement person does it. The store can do what it wishes with regard to such things.
"Do I have a right to refuse to let them look at what are now my belongings???"
I'm sure you do. They are betting correctly that honest people won't want the huge hassle that would follow.
I haven't been a Sam's Club member for several years. But when I was they looked through your stuff as you were leaving the store.Serves two purposes: First, they may find you have stuff you didn't pay for. Second, knowing this will happen may deter you from stealing stuff.
Is it legal? Dunno. Prolly is as I doubt they'd do it and risk getting sued.
The store can do what it wishes to a point. It can certainly request to search your items, but I'm unsure it can do much if you refuse.
As for me personally, if it's the store's bag I could care less. If it were, say, my personal handbag then there's no way I'd let them search it. Of course, I don't carry a handbag, but that's not the point!!
I called the corporate office, and complained about it. They said they were making sure I got what I paid for. Why then is the position called Loss Prevention.
They dont' care about me, they care about themselves and loss prevention. Must they lie??????
Doesn't bother me.
I look at it this way, if they can cut down on theft, they can pass on the savings to me in lower prices. I read somewhere that 10% of the price of an item is to make up for theft, and the majority of that theft is by employees.
At Sams Club, all they do is count the number of items and check it against the receipt. That isn't like a strip search.
Would you prefer the store raise the price you pay for their goods to cover the cost of goods stolen by others?
That's the alternative.
At costco, they don't put your stuff in a bag, implying privacy. Your purchases are lined up in a cart so the person can do a count.
Maybe the insult is the implying of items in a bag being now mine, and they want to look at them...
At costco, the shoppers just take like the new shoes out of the boxes, put their old ones in the box, and walk right out of the store.
I know this because I have gone to purchase a box of shoes and found someones old ones inside.
Sounds like you need a new place to shop then. I shop online almost exclusively (with the exception of fresh food) and have never had the FedEx driver search my boxes. Plus I get great customer service, not snotty customer disservice.
they more than likely already have to pay for the loss prevention clerk
The one inconvenienced is the paying customer as usual.
I just can't understand why people always believe that limits on the government should apply to private entities.
This applies typically to First Amendment rights ("Why did they censor my forum post? Haven't they heard of the Firsy Amendment?").
I guess the thing that bothers me the most is that they assume you have stolen something. They do not catch the hard core thieves this way, they only inconvenience and humiliate their shoppers.
When I called, I got the impression from the manager, he really didn't care, it was company policy
I purchased something at a Circuit City, at a time when there were very few customers in the store--as I checked thru the cashier, I noticed that the security guy stationed at the door (15 feet away) was observing the transaction from a vantage point like front-row-center. My purchase was one small item (a stick of RAM) and I paid cash---security guy heard every word between the cashier and me, which was pleasant and normal in every way. When I went from the checkout to the door, the bag and receipt were searched, for what or what reason I cannot imagine. I haven't been to Circuit City since, and will not in this lifetime!
Good point, but the store would then be subject to another reprecussion...? The police show up...search you or worse arrest you on what grounds? Your refusal to be searched without reasonable cause? And is it reasonable? If I recall from my salesclerking days they gotta be able to say what you took, where you put it, and you never lost sight of the 'customer'. At least that was the training way back when.
The unspoken part end of that sentence is "and only what you paid for." They can ask you to voluntarily consent to a search but anything stronger is done at their own risk as you can always sue.
Private enterprise. They get to make the rules about what occurs on their property.
I hate it too, but they are within their rights to do this.
If you're the kind that likes confrontation, it might be worth a shot. Refuse, and see what they do when the ball is in their court.
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