I guess the issue I have is that the consumer-friendly stores are being pushed out by the larger big-box stores, amongst whom the practice of checking receipts and bags is becoming an accepted practice.
In my town (which has only one "big box" store) the small consumer-friendly stores are getting ripped off right and left ... one is getting hit so bad that they are considering such policies, or considering limiting the number of juveniles that may be inside at any one time.
The larger stores have simply figured out some time ago what the smaller stores sometimes hesitate to understand that checking bags is sometimes a good method to reduce theft.
The simple "take your business elsewhere" doesn't work once there aren't any more "elsewheres" to turn to.
Of course there is. I don't know where you live, but I have lived in cities big and small, and I have always found alternatives.
Then there is my favorite alternative - the internet.
People discriminate against retailers for any number of reasons. If they have a policy (searches or otherwise) you disagree with, you can vote with your pocket book to go elsewhere. When enough people do this, then the retailers that have these policies will raise their prices and stop the practice. Until then, the practice will continue so long as it does not effect their customer base.
So I wanted to tackle the legal issues head-on in hope of some relief, versus just moving to somewhere the weeds haven't spread to yet and just hoping for the best. Avoiding the problem is a recipe for failure.
Bottom line is that they have a right to institute a policy ... you have a right not to shop there. They likely cannot forcibly detain you without cause, but they also do not have to allow you to return. But, if you don't mind dramatic scenes every time you go shopping, go right ahead and do this. I suspect that after the second or third time, they will start to remember you and may well ban you from the store.
A direct "no I won't, because I don't have to, and here's why......".
But there isn't one.
Some store, like Fry's (at least out here) have big, huge signs at the entry telling you that you are subject to search ... I forget what the consequences are, but they have to do with banning you from the store. I don't shop at Fry's because of other reasons (bait and switch ads, for one), but that's a decision I have made because of that company's business practices. I don't like their policy of misleading ads, so I take my considerable electronics spending to other sources.
I am searching for a legal line the practice might cross, so it's not like "well if you don't want to be punched in the face, don't stand near me".
Yes, you can create a scene every time you enter and refuse to be searched or stopped. That's up to you. I prefer not to be the center of hub-bub, but that's me.
Bottom line is that they can refuse service to you ... they do not likely have a right to manually detain you, but neither do they have to ever permit you inside again. Since they are not the government, they do not have to adhere to the 4th Amendment, but they do have to conform to statutory law.
- Carl
