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
Costco briefly checks everyone's cart as they exit (equality before the law), I find that much less objectionable than selective checks (arbitrary application of the law), which I've not experienced anyway. My apologies for the analogy.
Not quite. Like the poster said, they can ask you, but can't force you, to submit to the search. Nothing wrong with making sure Freepers understand this.
Bingo! I did the same thing to Best Buy. In 1994, I bought a $1,400 TV. On the way out, not 20 feet from the register where I paid, they asked to see the receipt and check the contents of the parts bag that came with it. I said basicially the same as you did, "Sure, but ya might want to do it over at the customer service counter where I intend to return this TV. See, now that I know you people deal with criminals so much that you inspect even your employees at the cash registers, I am not so sure this television isn't stolen or a valid Sony television. I don't want the problems associated with such a criminal enterprise as Best Buy. So, let's get my money back." They did do their stupid check, and I did return the TV. The manager was a jackass and didn;t care that I returned it. The corporate office offered a %10 discount, but I shredded it and sent it back to them. I bought from a local shop, and even got $100 less on the price.
Of course it's not. But the chip-on-the-shoulder paranoids have their antennae up, just waiting to pounce on some little guy who wants to make sure that they are taking out of the store only what they paid for.
I'm sure these retailers are glad to be rid of them; they're likely pains-in-the-ass in countless other ways as well.
I also believe that most stealing was done by employees finding all new ways of stealing cash and bypassing security checks and management due to the ungreatful job of being in retail store management.
By the way, I never shop at KMART. IF I did, though, I would not assert a Fourth Amendment right not to be searched, because it does not apply to private acts- only acts of the Federal Government. (Although I tink most State Constitutions have a similar clause).
The policy was simple, and the cops expected me to follow that policy. If I called them, and had failed to follow the policy, I could have been nailed for kidnapping or false arrest... the policy was pretty simple:
1. They select an item...
2. They conceal the item...
Once this occurs, you must maintain visual contact with that individual 100% of the time until they leave. If you don't, you could not stop them (they may have "dropped" it on another shelf when they were out of site...)...
3. Once they actually passed through the doors, the intent was clear and you could stop them...
The interesting part was, I had to be able to specify exactly what the item was, and where, exactly, they had concealed it.
I watched coworkers get nailed for violating this policy, and stopping people who didn't have anything on them, etc... I also busted two coworkers (security guys, no less) for stealing... I followed the policy to the letter, and I still had the highest success rate in my district...
However, if they detain you and prevent you from leaving, without clear evidence of wrongdoing, it's called False Arrest and/or kidnapping...
Anyone and I mean anyone can walk out of a major department store with stolen merchandise. Most every store is understaffed and there is no way to catch shoplifters.
One story of my own, I just started managing a new corporate card store in a local mall. I was there maybe 2 days and noticed the store only made about 15 bucks from 6 pm to closing time of 930pm. I did some quick research and this was going on for months and months. Was easy to narrow out the employee stealing all the cash and provide evidence of said behavior. My reward..NOTHING...
I have at least a dozen similar stories of employees stealing cash and no one smart enough to even realize it.
Its a horrible job and I would not recommend retail to anyone.
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