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To: Quick1
How about the Fourth Amendment?

Circuit City is run by the government? Since when does the Fourth Amendment apply to private businesses? Oh, wait. It doesn't.

No, it is reason enough.

See, just because you say something doesn't make it true. The store can set whatever rules it likes for its customers. If you don't like it, don't shop there. But if you shop there, don't piss and moan about how you hate the way the store runs the show. I don't know if anyone has ever told you this before, but here's the hard truth: the world does not revolve around you.

I am also within my right to either allow them to check it, or say "no, thanks", and keep walking.

And the store can then detain you. And then if you try and leave, you have the right to be arrested. And then, if you still try and leave, you have the right to be tazed and beaten with batons. Ain't America grand?

245 posted on 09/04/2007 6:52:35 AM PDT by Publius Valerius
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To: Publius Valerius
Circuit City is run by the government? Since when does the Fourth Amendment apply to private businesses?

What gives the store the right to search my belongings, then? Remember, the stuff in the bag is my property. Just because I am on Circuit City property does not mean they can do whatever they want. They can certainly ask me to leave, however.

The store can set whatever rules it likes for its customers.

I stopped reading there. No, it cannot set whatever rules it wants for it's customers. Could they make a policy that they can rape you before you can leave? Of course not.

And the store can then detain you.

Before any of that other stuff can happen, they have to have a VALID reason to detain you. Refusing to show your receipt does not count. They have to meet fairly stringent guidelines to have the ability to detain someone.
247 posted on 09/04/2007 6:58:44 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: Publius Valerius
And the store can then detain you. And then if you try and leave, you have the right to be arrested. And then, if you still try and leave, you have the right to be tazed and beaten with batons. Ain't America grand?

What you say is clearly incorrect since it is well in excess of "shopkeepers privileged". In the states that allow it, merchants are allowed only to detain you for a reasonable period for the police to arrive. Nothing more. They can not restrain, search, or restrict you beyond that. For example, a cop can tell you not to use your cell phone, a merchant invoking merchants privilege can not.

If they are extremely stupid they can perform a citizens arrest which has to be done perfectly to be binding and even then opens them to a massive amount of liability for flase arrest.

What the CC bubbas did was none of the above, it was illegal restraint, which can be a serious issue.

There is some gray areas in terms of what you can do to rebuff their illegal activities. Refusing to go inside the store, protesting in a loud voice, refusing to allow them to look in your bags or search your person are all fine. The issue becomes when they become physical and threaten you (assault) or lay hands on you (battery). I have always resisted successfully, but that is an individuals choice.
263 posted on 09/04/2007 7:42:46 AM PDT by Starwolf
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