Posted on 09/02/2002 3:02:49 PM PDT by Sparqi
Recently I was stopped on my way out of KMart by an employee asking to see my receipt and contents of my bags. I asked if I was suspected of doing something illegal to which he replied, "No, it's just our policy to match purchases against your receipt." I told him that unless he had reasonable cause to believe that I'd done something illegal there was no way I was going to let him inspect either one. To his credit, he did not press the issue and allowed me to leave.
The practice of door-checking seems to have started at either Fry's Electronics in California or perhaps at PriceClub/Costco. In the latter case they can enforce the inspection policy because there is actually a clause in the Costco membership agreement which specifically states that a condition of membership is granting them the right to inspect as you leave. (This is why I don't have a Costco membership.) Fry's has been doing inspections for some time, giving rise to the perjorative term "Door-Nazis". Many people such as myself simply walk by the checkpoint and refuse to stop, since Fry's is not a membership store. Essentially they take advantage of your good nature and ask you to voluntarily waive your freedom (and your dignity) to help them control their shrinkage.
Until recently the Fry's policy was really a local issue, confined to California and some western states; so I never really pursued any activism against them...aside from personally advocating to other people that the practice was an insult and explaining that while Fry's can of course *request* that you stop and allow inspection that they cannot *force* you to stop if they don't have probable cause. Now that KMart is doing this, I think it's national enough to warrant a Freep. Here's what I'm proposing:
1. Make it a point to not be cowed into consenting to the search. If they ask to inspect your purchases, ask them if they suspect you of doing anything illegal. This establishes that they do or don't have cause to stop you. Remember; once you've paid for your purchases and they've accepted the payment, you are carrying personal property and they have cannot search you unless they have probable cause such as evidence of shoplifting.
2. If they admit that they don't have cause, tell them you don't consent to being searched and leave. If they press the issue, remind them that the Fourth Amendment guarantees your right against illegal searches. (Sometimes this is hard to explain, because the checker is not an American citizen.) If they try to restrain you, don't fight them or put up a physical struggle. Ask to speak to the most senior manager of the store immediately. Point out to him or her the illegality of the situation and ask if they're prepared to defend their actions in a court of law.
3. Instruct your friends/family/co-workers on the issue. Make sure they understand that what KMart is doing is an insult and a violation of their basic rights.
...dtw
BTW, if your ever in Hershey, let me know.
Our local walmart is half closed right now because they are doing reconstruction into one of those super marts. I love it. Years ago, I met Sam Walton during the negotions for the property for this store. Quite a good guy I can say.
Sheesh...
:-)
MOOOOOOOOOOOOOOOOOOOOOOO....
Gee, you must be a General....
More importantly, I reserve the right to refuse to do business with anyone. If enough people decided to return their purchases rather than show the hall monitor their bathroom pass then some of these stores might get the point.
KMart has enough problems with its image now. I don't think they can afford to piss off even 2% of their customer base.
Bingo! This is from the Las Vegas Metropolitan Police Dept. website--
"Whereas most publicity focuses upon shoplifting, statistics indicate that employee theft accounts for as much as eight times the loss accrued from shoplifting. Either way, the cost to business management is in the billions of dollars. And guess who helps to recoup these losses? That's right... we the consumers."
Click here for Employee Theft
Based on the statistics they need to spend more time watching the employees than the customers....
"Freedom?" "Dignity?" You're joking, right?
It's their store. They can check your items against your receipt if they want. You don't have to patronize Fry's, but when you do, you play by their rules; you pay their prices, you agree to their warranties and return policies, and, if your local Fry's is anything like mine, you suffer ignorant on-the-floor help. But if you aren't a thief, you haven't a thing to worry about.
It's ridiculous you think this is worth getting worked up about. Grow up.
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