False Imprisonment in Retail Operations

[Jamescat]

Jurisdiction

California

Lately I have noticed that more retail stores (Target, WalMart) have been stationing security personnel at the exit doors and stopping customers to check receipts and bags before the customer can leave the store.

I know that certain big box stores like Costco have consent to search your cart as a condition of membership and I accept that. But WalMart and Target are not open to only members and there is no written or verbal agreement in effect.

Normally when exiting Target I walk right past the security guard without stopping and, so far, nothing has happened. My wife cringes when I do this but I feel that if I am detained after leaving the premises it could be a case of false imprisonment.

Exactly what is the law covering this situation? Are customers required to submit to searches?

 

[army judge]

Lately I have noticed that more retail stores (Target, WalMart) have been stationing security personnel at the exit doors and stopping customers to check receipts and bags before the customer can leave the store.




Exactly what is the law covering this situation? Are customers required to submit to searches?

I reside deep in the Hill Country of The Republic of Texas.

Texas, unlike your lovely home state of California, has no statutory provision for a citizens arrest.

All states allow a merchant the ability to inquire of a person the merchant's personnel believe to be in possession of purloined goods.

In the scenario you posit, it isn't governed by law, it's driven by a picture is worth a thousand words.

Best Buy, Ross, Target and a few others station a human clothed in store protection paraphernalia to greet you as you enter the store. Psychologists believe a friendly greet will deter the average Jane and Jack from engaging in theft.

The scan your receipt as you exit SAMs Club, BJs Warehouse, COSTCO, and others is to put the thief on notice, Poppa Protection is watching you.

In Texas, it's meaningless, a toothless charade, naughty kabuki dance, or for appearances. I have discussed the intrusive, insulting nature of such practices with the general managers of those stores in my area.

Each manager that I spoke to about the practice apologized profusely after hearing my side of the story. For some odd reason, it could have been the lawsuit I filed against the largest SAMs in the area, and having about 150 subpoenas served on store employees, managers, regional execs, and all of the videotape I sought during discovery.

These days we're all on speaking terms, and I hold no grudges for my refusal to show my receipt to the greeter. You see, she pushed a cart into me, as I drew back when she wanted to snooping my bags, filled with legitimate purchases.

The police were called, and it could have been when the patrol sergeant said, "Howdy, Judge!" Or, it might have been whence told the duty manager that Texas, unlike some states has no citizen arrest statute. Only a manager, certain designated store security personnel that had been surveilling a suspected bad actor, could under those narrow circumstances ask to see a receipt. Of course, if the suspect refused, the issue of detaining such a person is fraught with great legal risks. I'm sorry, I digressed. LOL

In Texas, customers don't have to submit to such searches, generally.

The legal issue is probable cause versus mere suspicion, and coercion versus cooperation.

People do have the right to say no to law enforcement personnel.
Absent certain exigencies, law enforcement would then need to obtain a warrant, or use guide and tricks ration to solicit consent. LOL


In the other members of our rather fragile union, blue versus red, the answers vary.

By the way, the big box chain and I settled our differences by sending me a letter of apology, and $100 gift certificate, which I gave to one of our local homeless shelters.

Thanks for asking such a great question.

Some of our other regulars will certainly chime in and offer their unique, diverse opinions for you to chew on, mate.

Between us chickens, boss, my wife pushes the cart out of the store these days.
She enjoys the small talk as the store employee draws the colored line across the receipt. LOL

Here are a few good articles that discuss your question:

Loss Prevention, Retail Store Exit Bag Checks, security consultant, Chris McGoey, retail loss prevention expert

http://lifehacker.com/5853355/know-your-rights-if-a-store-detains-you-for-shoplifting


Are Receipt Checks at Stores Worth the Hassle? - Lawyers.com

 

[txls]

If you're not a thief what do you care if they check your cart and your receipt?

 

[adjusterjack]

My take on it is that you are an invitee into the store's private property and subject to the store's rules. If you don't like the rules, don't shop there.

I can understand and agree to raising hell when a cart gets pushed into you.

Other than that, I echo TXLS: If you're not a thief, why care if your cart and receipt get a quick check on the way out.

Frankly, with the thousands of posts I read from shoplifters on this and other sites, I don't blame a store owner from checking carts and receipts.

 

[shrinkmaster]

I am a Retail theft consultant and address issues like this often. First off if your unhappy with any store policy then shop elsewhere. Store lose over 15 Billion dollars each year to shoplifting alone and thats not even the biggest chunk of loses! The door greeters and receipts checkers are deterrents to shoplifters and in many cases the checker rarely understands what the items are he/she is looking at on receipt. If you dont like high prices then this is something you need to deal with. Now refusing to show this will not get you detained as there is criteria to making a shoplifting stop again this is just to put would be shoplifters on notice. Feel free to refuse and walk to your car but be aware they will likely follow you and maybe get your plates. They will also watch you very closely next time you come in if they recall you. Its like anything else when some or a group of someones abuse or misuse something or someone then actions are taken that are usually upsetting to honest people.

 

[adjusterjack]

in many cases the checker rarely understands what the items are he/she is looking at on receipt.

In Sam's Club the quantity of items is printed on the receipt and the checker just counts the items in the cart and makes a mark on the receipt. I haven't timed it but I don't imagine it ever takes more than 5 or 10 seconds, maybe a minute if there are others ahead of me. No big deal.

 

[shrinkmaster]

Just to add. If you do not work the register its very possible you wont know what item is on receipt. Items are abbreviated normally or they use codes like slg which means "Small Leather Goods" etc. As a Loss Prevention Professional I have often had to ask a cashier what an items was on a receipt due to this. So again its not so much they are actually matching just trying to deter theft.

 

[jamescat]

If you're not a thief what do you care if they check your cart and your receipt?

So, if you are not guilty of a crime why should you care if the police want to search your house? That is an incredibly dangerous opinion. Have you never heard of probable cause, search warrants and illegal search and seizure? I would advise you purchase a copy of the U.S. Constitution and read it.

 

[jamescat]

My take on it is that you are an invitee into the store's private property and subject to the store's rules. If you don't like the rules, don't shop there.

I can understand and agree to raising hell when a cart gets pushed into you.

Other than that, I echo TXLS: If you're not a thief, why care if your cart and receipt get a quick check on the way out.

Frankly, with the thousands of posts I read from shoplifters on this and other sites, I don't blame a store owner from checking carts and receipts.

First, your "take" on the situation is inconsistent with the Constitution and the rule of law. Stores do not "invite" customers onto their premises and those customers do not lose their rights once they enter the premises. According to your post the stores can set any rules that they want and your only recourse is to shop elsewhere? So a store can refuse to sell to me because of my race or religion? I think not.

Again, since you agree with TXLS you have no problem with allowing law enforcement to enter and search your premises at any time because you have nothing to hide?

 

[jamescat]

I am a Retail theft consultant and address issues like this often. First off if your unhappy with any store policy then shop elsewhere. Store lose over 15 Billion dollars each year to shoplifting alone and thats not even the biggest chunk of loses! The door greeters and receipts checkers are deterrents to shoplifters and in many cases the checker rarely understands what the items are he/she is looking at on receipt. If you dont like high prices then this is something you need to deal with. Now refusing to show this will not get you detained as there is criteria to making a shoplifting stop again this is just to put would be shoplifters on notice. Feel free to refuse and walk to your car but be aware they will likely follow you and maybe get your plates. They will also watch you very closely next time you come in if they recall you. Its like anything else when some or a group of someones abuse or misuse something or someone then actions are taken that are usually upsetting to honest people.

If you are indeed a retail security professional then you will know that there MUST exist PROBABLE CAUSE to detain and search a shopper. Now explain to us how a store security guard (or "greeter") can possibly have probable cause on EVERY shopper who exits the store!

While I understand the stores need to control shoplifting and other retail fraud and theft there are less shopper intrusive methods available to accomplish this. What message does a store send to its honest customers when they are harassed at the exit and treated like a potential shoplifter?

 

[jamescat]

I reside deep in the Hill Country of The Republic of Texas.

Texas, unlike your lovely home state of California, has no statutory provision for a citizens arrest.

All states allow a merchant the ability to inquire of a person the merchant's personnel believe to be in possession of purloined goods.

In the scenario you posit, it isn't governed by law, it's driven by a picture is worth a thousand words.

Thank you for the serious and thoughtful response to my inquiry. It appears that the majority of posters disagree with me and are all too happy to abrogate their God-given and Constitutionally protected rights in the name of loss prevention!

Best Buy, Ross, Target and a few others station a human clothed in store protection paraphernalia to greet you as you enter the store. Psychologists believe a friendly greet will deter the average Jane and Jack from engaging in theft.

The scan your receipt as you exit SAMs Club, BJs Warehouse, COSTCO, and others is to put the thief on notice, Poppa Protection is watching you.

In Texas, it's meaningless, a toothless charade, naughty kabuki dance, or for appearances. I have discussed the intrusive, insulting nature of such practices with the general managers of those stores in my area.

Each manager that I spoke to about the practice apologized profusely after hearing my side of the story. For some odd reason, it could have been the lawsuit I filed against the largest SAMs in the area, and having about 150 subpoenas served on store employees, managers, regional execs, and all of the videotape I sought during discovery.

These days we're all on speaking terms, and I hold no grudges for my refusal to show my receipt to the greeter. You see, she pushed a cart into me, as I drew back when she wanted to snooping my bags, filled with legitimate purchases.

The police were called, and it could have been when the patrol sergeant said, "Howdy, Judge!" Or, it might have been whence told the duty manager that Texas, unlike some states has no citizen arrest statute. Only a manager, certain designated store security personnel that had been surveilling a suspected bad actor, could under those narrow circumstances ask to see a receipt. Of course, if the suspect refused, the issue of detaining such a person is fraught with great legal risks. I'm sorry, I digressed. LOL

In Texas, customers don't have to submit to such searches, generally.

The legal issue is probable cause versus mere suspicion, and coercion versus cooperation.

People do have the right to say no to law enforcement personnel.
Absent certain exigencies, law enforcement would then need to obtain a warrant, or use guide and tricks ration to solicit consent. LOL


In the other members of our rather fragile union, blue versus red, the answers vary.

By the way, the big box chain and I settled our differences by sending me a letter of apology, and $100 gift certificate, which I gave to one of our local homeless shelters.

Thanks for asking such a great question.

Some of our other regulars will certainly chime in and offer their unique, diverse opinions for you to chew on, mate.

Between us chickens, boss, my wife pushes the cart out of the store these days.
She enjoys the small talk as the store employee draws the colored line across the receipt. LOL

Here are a few good articles that discuss your question:

Loss Prevention, Retail Store Exit Bag Checks, security consultant, Chris McGoey, retail loss prevention expert

http://lifehacker.com/5853355/know-your-rights-if-a-store-detains-you-for-shoplifting


Are Receipt Checks at Stores Worth the Hassle? - Lawyers.com

 

[jamescat]

I reside deep in the Hill Country of The Republic of Texas.

Texas, unlike your lovely home state of California, has no statutory provision for a citizens arrest.

All states allow a merchant the ability to inquire of a person the merchant's personnel believe to be in possession of purloined goods.

In the scenario you posit, it isn't governed by law, it's driven by a picture is worth a thousand words.

California does have a legal concept called "false imprisonment" which covers private individuals as well as law enforcement (under color of authority). This is both criminal and a cause for a civil action.

Best Buy, Ross, Target and a few others station a human clothed in store protection paraphernalia to greet you as you enter the store. Psychologists believe a friendly greet will deter the average Jane and Jack from engaging in theft.

The scan your receipt as you exit SAMs Club, BJs Warehouse, COSTCO, and others is to put the thief on notice, Poppa Protection is watching you.

In Texas, it's meaningless, a toothless charade, naughty kabuki dance, or for appearances. I have discussed the intrusive, insulting nature of such practices with the general managers of those stores in my area.

Each manager that I spoke to about the practice apologized profusely after hearing my side of the story. For some odd reason, it could have been the lawsuit I filed against the largest SAMs in the area, and having about 150 subpoenas served on store employees, managers, regional execs, and all of the videotape I sought during discovery.

These days we're all on speaking terms, and I hold no grudges for my refusal to show my receipt to the greeter. You see, she pushed a cart into me, as I drew back when she wanted to snooping my bags, filled with legitimate purchases.

The police were called, and it could have been when the patrol sergeant said, "Howdy, Judge!" Or, it might have been whence told the duty manager that Texas, unlike some states has no citizen arrest statute. Only a manager, certain designated store security personnel that had been surveilling a suspected bad actor, could under those narrow circumstances ask to see a receipt. Of course, if the suspect refused, the issue of detaining such a person is fraught with great legal risks. I'm sorry, I digressed. LOL

In Texas, customers don't have to submit to such searches, generally.

The legal issue is probable cause versus mere suspicion, and coercion versus cooperation.

People do have the right to say no to law enforcement personnel.
Absent certain exigencies, law enforcement would then need to obtain a warrant, or use guide and tricks ration to solicit consent. LOL


In the other members of our rather fragile union, blue versus red, the answers vary.

By the way, the big box chain and I settled our differences by sending me a letter of apology, and $100 gift certificate, which I gave to one of our local homeless shelters.

Thanks for asking such a great question.

Some of our other regulars will certainly chime in and offer their unique, diverse opinions for you to chew on, mate.

Between us chickens, boss, my wife pushes the cart out of the store these days.
She enjoys the small talk as the store employee draws the colored line across the receipt. LOL

Here are a few good articles that discuss your question:

Loss Prevention, Retail Store Exit Bag Checks, security consultant, Chris McGoey, retail loss prevention expert

http://lifehacker.com/5853355/know-your-rights-if-a-store-detains-you-for-shoplifting


Are Receipt Checks at Stores Worth the Hassle? - Lawyers.com

 

[adjusterjack]

So, if you are not guilty of a crime why should you care if the police want to search your house?

OK, so you're one of those trolls that attribute things to people that they DON'T say. An apples to oranges rant does nothing for any of us here. I'm sure there are other sites that would welcome it.

 

[jamescat]

OK, so you're one of those trolls that attribute things to people that they DON'T say. An apples to oranges rant does nothing for any of us here. I'm sure there are other sites that would welcome it.

Actually it is an appropriate comparison. Go back and read your own post. Rather than address the issues that were raised by your posting you call me a "troll" and walk away. Real smart.

 

[shrinkmaster]

First off this is NOT a detainment. Second you can refuse the check and walk past the door greeter. They may follow you they may even take your plate. However if there is no evidence of theft nothing will happen. If unhappy with the check (that helps keep prices down and employees their jobs) shop elsewhere.

 

[jamescat]

First off this is NOT a detainment. Second you can refuse the check and walk past the door greeter. They may follow you they may even take your plate. However if there is no evidence of theft nothing will happen. If unhappy with the check (that helps keep prices down and employees their jobs) shop elsewhere.

Actually and factually it IS a detainment. Any effort to prevent or obstruct a person from leaving is detainment. Secondly, I always walk right by and refuse the check. The first time that I am stopped there will be a legal suit filed. Thirdly, you refer to security personnel following me and taking down my license plates. You state that if there is no evidence of theft nothing will happen. If there is no evidence of theft why would I be followed and my plates taken down?
I certainly hope that the advice that you are giving to your retail clients has been vetted by an attorney because you seem to not understand the issues involved.

 

[shrinkmaster]

I understand completely you came here to get someone to cosign your opinion. They would possibly take your plates in case an investigation turn up you stole. Since you say you did not nothing will happen. If you do not care for this legal policy then shop elsewhere

 

[Disabled Vet]

OK, so you're one of those trolls that attribute things to people that they DON'T say. An apples to oranges rant does nothing for any of us here. I'm sure there are other sites that would welcome it.

I don't think he/she is a troll... They bring up VERY strong points of agruement. I agree with btw... I don't stop to show my receipt either. Except at Sams Club..

 

[jamescat]

I understand completely you came here to get someone to cosign your opinion. They would possibly take your plates in case an investigation turn up you stole. Since you say you did not nothing will happen. If you do not care for this legal policy then shop elsewhere

I came to this site to find someone with current legal knowledge of this issue. I left the legal arena ten years ago. Maybe a court case or opinion that may have been issued in the last four or five years.

There are serious issues raised by these receipt checks that need to be addressed. Shoppers need to know what their rights are.

We all understand that shoplifting is a serious matter for retailers but they cannot violate customers civil rights in the process of eradicating it.

 

[shrinkmaster]

NO ONE is required to stop!