OrangePez16 asked:
Seen a few articles about this, but wanted to know from people in the legal community. Not to say that I want to upset and feel the wrath from a Best Buy, but I want to know what my rights are as a consumer. (I’m in CA, btw, if state laws are different)
What specifically I’m looking for is - do they have a right to check me if I just purchased something and walked to the door. They don’t have any suspicion of shoplifting, they are just trying to adhere to “store policy”. Do they have a right to search what is now my personal property?
Seen a few articles about this, but wanted to know from people in the legal community. Not to say that I want to upset and feel the wrath from a Best Buy, but I want to know what my rights are as a consumer. (I’m in CA, btw, if state laws are different)
What specifically I’m looking for is - do they have a right to check me if I just purchased something and walked to the door. They don’t have any suspicion of shoplifting, they are just trying to adhere to “store policy”. Do they have a right to search what is now my personal property?
Tags: Btw, People, State Laws
If a store owner has good reason to suspect that you have stolen something (i.e., catching you on video camera), the owner (or security) can detain you for a brief time. They must call police and you can be detained until the police come, but again — it must be brief. Holding you for 2 hours,for example, is likely excessive.
Yes, a store can check what you did buy to confirm that you purchased the stuff, and they can check the receipt as proof of purchase.
You where in there Establishment I’m sorry if there is and sort of suspicion they do have the right to search you its called probable cause and the cops use it all the time for illegal search and seizures
I don’t know if laws vary from state to state, but I know when I was doing loss prevention, I couldn’t even as much STOP someone that I **THINK** might’ve taken something unless I know for sure they have it.
And that entails numerous elements including: having a constant eye on the person, seeing the person approach the item, seeing the person pick up the item, conceal, and actually walk out the door (or on their way out). There are like 7 elements, but I can’t remember them all…it’s been a while.
But again…for me, I couldn’t just stop people like that. That could be asking for some trouble.
If you are pulled over and a police officer SUSPECTS you may have dope in the car, that doesn’t mean he/she can just pull you out and look for it. They can ask for your permission to look and if you deny them, they can always hold you there until they can get a quick warrant for the search.
Here is a a link….scroll down to the shoplifting part.
Don’t have the answer but I know how you feel. They do it to me at Wal-Mart all the time. It is like being treated like a criminal after you make the purchase. Tell me if you here anything. I personally think it is humiliating. Lost my receipt once spent ten minutes searching through my purse for the stupid thing while the door person stood and waited like i was trying to make off with the store
Well techically, I think the answer is No. But I also think it does not matter.
If you are in the store and they suspect something what do they say. “Can I see what’s in your bag.” They genereally do not just snatch your bag, they ask first which means you voluntarly give them access. If you refuse, they can’t really hold you, but they can ask you to leave and not come back.
I know that in Michigan store owners/ workers do not have a legal right to stop or search you, only the police do.
Costco in Canada always checks the items in your shopping cart against your receipt on the way out the door - every customer, every time. I suspect laws differ state to state, province to province, country to country, but it seems that it is legal to check purchases.
I am a former retail manager in the state of Washington.
I know that here, you can NOT search a person or their belongings on a suspicion that they might have shop-lifted.
You actually have to see them conceal mercandise AND exit the store without paying for it.
That was the law here 10 years ago; it could have changed, but I would doubt it.
I know that stores sometimes check your bags if the bag sets off an alarm at the front door. Sometimes the sales clerk forgets to take the security tag of and it gets hidden in the bag. I also know that WALMART/SEARS/ZELLERS/THEBAY and other large dept stores have people who are uncover and if they suspect something they call a person to check you out when leaving the store.
Drug store use “101 code” to call for a person to walk around behind you to watch you and see what you are attempting to “steal”. When they check your bag they know EXACTLY WHAT THEY ARE LOOKING FOR IN YOUR BAG as they were watching you before.
I would be very careful not the stand around and loiter in some stores so that I am not sending off waves to have my bags checked.
Usually, no one has the right to inspect your property. They have to go through the same legal means everyone else would have to…a search warrant.
If they suspected you had something in your bag, chances are they have either video footage or the alarm went off when you left.
They probably have a security staff. That staff would probably approach you and ask for the merchandise. They cant look thru your bag, they can only attempt to detain you while a cop comes to arrest you, then your property WILL be searched. You dont have to stay and wait (if you can outrun them).
They have no authority to stop you, they have no authority to hold you and they have no authority to search you. That doesn’t mean that they can’t ask. Also beware that some places employ police officers who can stop, hold and search if they have probable cause.
It is not legal.if its not in the law books,then its NOT legal to search your bag.Dont let them.
It is only legal if you allow it, you may refuse. When i get asked to have my bag checked I say no thanks, if they persist i say “Are you calling me a thief?” and continue walking. If they want to force me I will stop and then sue when i am done. I am not a thief and have worked in loss prevention. You need 3 things in order to stop someone as in store security, (1) you must see them take something, (2) must have continual surveillance from that point on (3) they must try to leave the store with the object. The only other way to stop someone and detain them for theft would be if they change the price tag in which they can then be stopped at the register (where the crime is committed).
So the answer is No they can not stop you and search you bags unless you let them.
I refuse all the time… embarrasses the hell out of the wife.