Freep KMart on exit-door search policy

[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

[pfflier]

You are in their store, they are protecting their property and asking you to confirm that it is now yours. What's the problem?

If you don't like it vote with your feet.

[southern rock]

4. Quit yer bitchin' and get over it.

Not an option.

[southern rock]

You are in their store, they are protecting their property and asking you to confirm that it is now yours. What's the problem?

The problem is, that once the purchase is made, the item purchased is now your private property. The door guy is a private store employee. One private citizen has no legal rights to search the property of another private citizen.

[sinkspur]

Excuse me, but how does some P*ss-ant private employee have any right to search anyone who hasn't stolen anything??

The employee is doing what the management asks them to.

If you don't like the policy, don't shop at the store. I'm sure it won't miss you.

The stores that check (like Costco, Sam's, Wal-Mart) are low-priced for a reason. They can't have people waltzing out the door with pilfered merchandise.

[southern rock]

Once again, the problem that arises is, that once the purchase is made, the item purchased is now your private property. The door guy is a private store employee. One private citizen has no legal rights to search the property of another private citizen. Period. Only legitimate, legal law inforcment can do that, and even then ONLY with a warrent.

[aruanan]

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.

Best Buy does this also. WalMart does it sporadically.

[AM2000]

So legally, if someone's in my home I can legally demand to look inside their bags before they leave?

[gitmo]

While they are within their rights to ask to see what's in the bag, we are within our rights to go elsewhere.

But are they within their rights to force you to open the bag? How about your wife's purse? How about empty your pockets or search your car before it leaves their parking lot?

Once I've paid my money, the bag and its contents are my private property.

[alnick]

They have a right to make whatever policy that they want. Your right is to decide whether or not you want to shop there.

[Jorge]

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 tend to agree.
It's not like they're doing a body search or anything. They're simply looking at their own products and making sure they're paid for as they go out of the store.
Big freakin deal. What a bunch of cry babies.
Can you see them at an airport where they really do search you?

[MissAmericanPie]

What the heck are you doing shopping in K-Mart anyway, I think our boycott of them is still active. Comp-USA does the same thing, so does MARS music store. It's a real pain.

[Sungirl]

CompUSA has been doing this since I have been going there...years.

[billbears]

Exactly. I worked in retail for about five years with Circuit City (no cracks, I won't even shop there myself now). The reason the check is done is because of the reason you've given. It was rampant, especially in the car stereo department where the products are small but expensive. No one checked their purchases and employees could sell their friends $1500 worth of car stereo equip for $50-60 bucks. The problem was that inventory was only done twice a year and by that time, the offending employee had usually quit.

[wattsmag2]

I'm appalled by the amount of shoplifting that goes on in this country, and I'm paying for it through higher prices. It's a minor inconvenience to have someone compare receipts to merchandise, but if it deters crime, it's a small price to pay.

My opinion would be different if they demanded a strip search or something really intrusive. But to check your bag is no big deal. Really.

I agree. Although I don't shop at K-mart for other reasons.

[AM2000]

Yup. At least the CompUSA in Edison, NJ has. And so does The Wiz.. also in Edison.

[Temple Owl]

I am doing more and more of my shopping over the net.

[sinkspur]

Once again, the problem that arises is, that once the purchase is made, the item purchased is now your private property. The door guy is a private store employee. One private citizen has no legal rights to search the property of another private citizen.

See my initial post.

You're one of those "pains-in-the-butt." If I were a retailer, I would ask you to leave and never shop in my store again.

If you don't like my policies, don't shop in my store. "We reserve the right to refuse service to anyone."

[nevergore]

At Sam's Club I let them inspect since I agreed to that when I signed my membership.....

At Best Buy's I ask the security guy to give me $20 and he can look in my bag or he can let me rifle through his wallet.....My wife now refuses to go in there with me....
Whenever I leave Home Depot and the sensor's go off I never stop.....

Once I buy the merchandise it's mine not the stores and they have no right to see it, touch it, or inspect it after I purchase it......
NeverGore

[USA21]

Welcome to the PoliceState of America

[Lokibob]

I never felt that they were checking me for shoplifting, but rather a check (quality control, if you will)of the checkers. I'd be rather upset if they did a body search, but guess I'll have to rethink this.