Legality of retail stores checking your receipt???
Whenever I shop at Fry's, Best Buy, or Costco, I routinely get my receipt and bags checked before being able to leave.
I covered for a guy at the door at Costco and they told me to just act like I am checking. It's the same at Costco. Even though when you walk out with a cart full of things, it would realistically take 5-10 minutes to verify everything in the cart, yet they do it in about 10 seconds. So basically, a lot of times it's just a psychological deterrent.
I was so used to being treated like a criminal when leaving these stores that I just put up with it for all these years. Then, the other day it occurred to me that technically those items are my property as soon as I pay the cashier. So, what right do they really have to order me to let them look through my belongings?
Let's put this into context. What would you do if a guy walked up to you on the street and asked to see in your backpack or handbag and go through your things? You'd tell him to take a hike, right?
Anyone know of anything at all that would grant them the right to check your bags? Is it true that legally, they have to have proof that you stole something? And if they turn out to be wrong (maybe you were just walking with your hands in your pockets) aren't you liable to sue for defamation?
I covered for a guy at the door at Costco and they told me to just act like I am checking. It's the same at Costco. Even though when you walk out with a cart full of things, it would realistically take 5-10 minutes to verify everything in the cart, yet they do it in about 10 seconds. So basically, a lot of times it's just a psychological deterrent.
I was so used to being treated like a criminal when leaving these stores that I just put up with it for all these years. Then, the other day it occurred to me that technically those items are my property as soon as I pay the cashier. So, what right do they really have to order me to let them look through my belongings?
Let's put this into context. What would you do if a guy walked up to you on the street and asked to see in your backpack or handbag and go through your things? You'd tell him to take a hike, right?
Anyone know of anything at all that would grant them the right to check your bags? Is it true that legally, they have to have proof that you stole something? And if they turn out to be wrong (maybe you were just walking with your hands in your pockets) aren't you liable to sue for defamation?
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If I recall back from my business law days, there is some old maritime history that we have to trace back the law of conclusion of a deal.
Way back in the 1400s just because an item was paid for doesn't mean that the ownership has changed. If a business man buys a shipload of merchandise that arrived in port but the ship sinks at the dock before being unloaded who actually owns the merchandise?
So the law back then was interpreted so that ownership, even after payment, did not transfer until the merchandise was not only removed off the ship but that the cartage company had delivered it off the dock property where 100% of control and usage is the responsibility of the buyer.
Of course in modern days we don't have cartage workers to carry stuff to your wagon and we carry it ourselves to the car. However I think that completion of the transaction, according to the history of the law, would not be completed until you drove off the property with the goods. There may be some gray area like, what if I buy groceries, eat it on the parking lot and never drive off with the goods.
Good lawyers may be able to paint a confusing picture of the exact time ownership is transfered but you cannot argue absolutely the merchandise belongs to you the second you pay for it. So until you exit the property and the seller relinquishes control the deal is not complete.0 -
quote:Originally posted by nmyers
A customer was comparison shopping at the local Best Buy, writing down prices on a pad. The manager called the police & HAD HIM ARRESTED! Yes, for writing down prices! Of course, he got a lawyer, & got a nice settlement.
What police officer would arrest someone for this. A store manager can't just "have him arrested". There has to be probable cause that a crime has been committed.0 -
Once I have paid at the register, it belongs to me. I used to stop and let them check receipts, stop if the alarm went off at the door, stop if I was asked to once outside, and so on and so on. Now I just walk by and if they say anything, I keep walking and tell them, "If you think I'm stealing, call the police. Otherwise, leave me alone."[;)]
Getting very old and very hard to get along with these days. I also don't use the self check out registers. If a mistake is made, I want someone to blame it one besides myself![}:)]0 -
I never let the morons look in my bag. They never know how to react either...and just because you are on the stores property does not give them the right to search you.
Once, while riding the motorcycle I stopped at a Best Buy. I had a back pack on as well as carrying my helmet. The "security" (yellow shirt) said I couldn't bring in the back pack and he wanted to see it. I asked him if he searched and allowed women to bring in purses. He said Uhhhhhhh nooo... I just kept walking and went about my business. MORONS!0 -
I don't really care.
...I have seen cops around here stop somebody walking down the street for no apparent reason and search them. that, I don't like.0 -
quote:Originally posted by buschmaster
for no apparent reason
What is not apparent to you or I, may be a red flag to LEO. I have no problem complying with a search request from an LEO after 911, but that's just me. I respect those who don't want an unreasonalbe search and support their rights, but as for me, if it makes them more at ease to rule me out as a problem, I'll be glad to let them.0 -
quote:Originally posted by dheffley
Once I have paid at the register, it belongs to me.
Well technically it isn't if some lawyer really wants to push the issue. It's not yours until you are off the premises. Most places aren't going to carry it that far. You may think it's yours and the law may not even have any practical application in the modern world but the old maritime principle is still enforceable as far as I know.0 -
Usually I play along but if I'm in a hurry I just say "No Thanks" and keep walking. There's nothing they can do about it. I try to remember to not take it out on the $6.00 per hour part timer just doing what their boss said to do. 0 -
quote:Originally posted by PanzerSlayer2
Well technically it isn't if some lawyer really wants to push the issue. It's not yours until you are off the premises. Most places aren't going to carry it that far. You may think it's yours and the law may not even have any practical application in the modern world but the old maritime principle is still enforceable as far as I know.
I think you are a little confuse by another part of the law.
Once you have paid and they have accepted the money, ownership transfers at that point in time.
What I believe you are confusing it with is theft. It isn't theft until you step out of the front door with the item. Two different issues.
Ownership changes as cash changes hand. Period!0 -
If the alarm goes off for me (and just me) then yes I'll stop and let them check my bags/recepit. usually after handing them all the bags and spending a few minutes searching my wallet even if I know which pocket the receipt is in [;)]. If it goes off when a bunch of people I just keep walking, let them check the lady with a cart full of stuff.
What ticks me off is when they ask to see a receipt when no alarm has gone off, I don't know if they just randomly bothering every X customer or if I look like a theft or??? In that case I usually just hand them the receipt and walk out the door. So far noone has bothered to follow me to my car to return it. I suppose that would concern me if I returned items more than... well bout never.0
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