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.
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.
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!
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.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.So the first issue to clear up is the difference between "unreasonable search and seizure" and "illegal search and seizure". The bill of rights constrains what the government, not what private enterprises, can do. So, a search and seizure by a private enterprise would not typically be considered a fourth amendment issue in the first place. Even so, the question would be "was the search and seizure unreasonable?"
In the example you cite, you are on someone else's property and the owner of that property can certainly be considered to have a reasonable right to ensure that you are not removing something from the property without authorization. Therefore, regardless of whether you liked the experience or not, this was not even an unreasonable search and seizure, much less an "illegal" one.
Don't shop there anymore.
The thing that pisses me off is when you buy something and they forget or don't turn off those little sensors on your items that sets off the alarm at the door. Happened to me like 3 times in a row at walmart. Of course you have to stand there and wait while someone comes over and searches through your bag. The fourth time it happened I just kept walking and said if you want to look in the bag you better start walking, I'm in a hurry. she just waved me on.
You have the right to shop somewhere else. You are not in your home, but on someone else's property. They're perfectly within their rights.
Excellent question. As long as I are still on the premises of the store, I personally have no problem allowing an employee of that store to make sure that my purchases match the reciept that I was just handed. That procedure helps heep the cost of the stuff I buy down, by reducing the amount of goods that are shoplifted, not to mention errors and ommissions by the checkout clerk.
It would be a different matter if a store employee wanted to frisk me or look through my wife's handbag. Only a duly sworn Law Enforcement Officer has the authority to do that, and only for reasonable suspicion.
This surely isn't Waco, where the government went wrong.
Most of the loss goes out the employee exit not the front door.