Posted 26 December 2009 - 05:56 PM
Posted 26 December 2009 - 11:51 PM
If you are talking about stores like Sams Club or Costco then the answer is no. The greeter/tag checker is there to deter theft, but he has no real authority to stop you and they can not grab you or block your path out of the store
However, those stores do have the authority to revoke your membership if you fail to allow your receipt to be checked because if you check your membership paperwork, you by joining, do give permission to follow all club rules and policys and having your receipt checked is one of those rules, but that is a store policy, not a legal one.
If you are in a mall store as an example, if they have probable cause to think that you may have switched a price tag or added a tag, they can request that you stop and have it looked at, but they can not physically grab you and detain you if you refuse.
But get serious here, are you that busy where 15 seconds would make that much of a difference to you? If you have nothing to hide, what difference does it make to you? In most cases, the only people that don't want to be stopped are those that are stealing something.
But legally, you can refuse to have your receipt checked, but you may be asked not to return to the store, so get your loot, because you may not get another chance to go back and get more
Posted 27 December 2009 - 07:52 AM
Posted 29 December 2009 - 02:38 AM
A store can not detain you because you failed to show a sales receipt, if they grab you that is battery, if they refuse to let you leave that could be considered false imprisonment.
For example, suppose a shopper is in a room with a security guard, who is questioning her about items she may have taken from the store. If the guard makes statements leading the shopper to believe that she could face arrest if she attempts to leave, the shopper may have a reasonable belief that she is being restrained from leaving, even if no actual force or physical barriers are being used to restrain her. The shopper, depending on the other facts of the case, may therefore have a claim for false imprisonment. False imprisonment has thus sometimes been found in situations where a storekeeper detained an individual to investigate whether the individual shoplifted merchandise.
Every state has a law regarding this, you didn't mention yours, but no state that I know of requires a shopper to submit to a door checker detaining a customer against their will to check items in their bag without probable cause such as a sensor going off, a store associate spotted the shopper placing something in the bag or cart that was not paid for. Those would be probable cause stops, but a door checker that is employed to do nothing but stop every customer that leaves can not actually physically detain you if you do not wish to show what is is your cart or bag.
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