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I'm sick and tired of standing in line getting searched at places like Costo and Best Buy just for being a customer. Can I legally just walk past them and ignore them? I mean, I paid for the items already and didn't do anything illegal, so I would imagine the search is voluntary. For that matter, can they do anything when those stupid alarms go off and you just keep going? Nine times out of 10 it's a false alarm so I would think that's hardly justification for an illegal search when they have no other evidence. Is there any legal course of action to follow if you're detained and searched even though you did nothing wrong? I've never seen a sign outside the door of a store saying you're subject to a search at the store's discression. Not even the police can do that.

2006-09-13 19:34:15 · 16 answers · asked by sundles 3 in Politics & Government Law Enforcement & Police

16 answers

As far as just walking past them and ignoring their requests, I do not see why that could be a problem. Most places hire security to serve as a deterrent of theft. The security officers have no arrest or detention powers they can exert over you. That is unless they are off duty police officers. If that be the case, they would either be in uniform or they would identify themselves to you as police. If you then refuse to stop or be searched (probable cause being the alarm going off when you leave) then you are resisting. Most stores deal with that is that they will not pay off duty officer pay so they usually just use uniformed civillians. I was a security guard at a mall for a while and all we were suppose to do was to keep eyes on the suspects till police arrived or get vehicle description. Of course, we often did a little more, but like was said earlier, you are then opened up for a civil suit. I got lucky never to have one brought against me. As far as a legal course of action to take if you are forcefully detained and found to be not guilty, talk to a lawyer. It is possible, however, not very likely that the offending security staff be charged with false imprisonment or if they used force, even assault. As far as having a sign up, if it is a privately owned store, which most are-just open to the public, then they do not have to post a sign advising you could be searched. Hope this helps you out a little bit. Be safe.

2006-09-13 21:29:47 · answer #1 · answered by HBPD 126 3 · 0 0

Once you have paid for the items they become yours. If they attempt to physically stop you while you are leaving it is called unlawful restraint unless they can articulate a reasonable suspicion that you are trying to steal something. In that case they have every right to detain you. Just walking out and refusing to stop for the cart inspection would not be enough for reasonable suspicion. They can however ban you from the store in the future. If you like the store it's not worth getting banned for a few seconds of inconvenience.

2006-09-14 00:06:29 · answer #2 · answered by Mike 3 · 0 0

I like your question and my husband feels the same thing like you and I urge you not to do anything silly. The law after 911 is changing and people were more crazy,they stole stuff and it costs the store more money. You will not imagine how many people walk out from store without paying for. Some of them think it is okay, and you and me have to pay our price of being search when people do not have pride and dignity. What is a pity?

2006-09-13 19:49:03 · answer #3 · answered by ryladie99 6 · 0 0

Yes legally you are on their PRIVATE property and they can stop you if they want. Also if the alarms go off they have every legal right to detain you. But they legally can not do any search until the police arrive. The police have to do the search of you.
The key here is private property. If it is public they can't do a damned thing.

2006-09-13 19:42:59 · answer #4 · answered by tjinjapan 3 · 1 1

Bullshit the police can to search you on what they now call "probable cause" and if they think you are acting "suspiciously or strangely" they can search you and question you....also if that beeper goes off in the store,false alarm or no false alarm they(the store security) have the right to detain you until
A. They make sure you have nothing or
B. They find something and the police show up

2006-09-13 19:40:18 · answer #5 · answered by Purpslinger 2 · 0 2

Hey, I'm SO with you on this one! Just yesterday I walked right by a security guard, i was really sick and tired of this thing and said something like "give me a break" then he said something i turned around and went "What?!". That was it. He backed off. There's nothing they can do.

I don't like that they assume i go shoplifting in their crappy stores, leave me alone! I didn't do anything so I should be able to walk away undisturbed. Searches should be done only when they've seen the person shoplifting.

2006-09-13 19:48:07 · answer #6 · answered by Deep Thought 5 · 0 1

Check this out--

http://www.legalmatch.com/law-library/article/authority-of-security-guards.html

As long as they don't get rough they can stop you. For fun, you should take off running if you bought something and the alarm goes off. IF they catch you, show you're receipt and claim they had no "probable cause" since you probably just walked away from a register and then say you're gonna sue the store. LOL

2006-09-13 19:48:39 · answer #7 · answered by shogun_316 5 · 1 0

It has happened to me and my daughter, the alarms going off. We have to go thru our bags till we fine what is causing them to go off. They have them there for the ones that really steal things. We got so embarassed, just fause alarms. Most stores have them now , and some will search also. You are suject to them when you leave there stores. It is there store policy. If it bothers you just go some where else. Pem
.

2006-09-13 19:50:51 · answer #8 · answered by Patricia M 4 · 1 0

i'm particularly careful. i study labels very thoroughly and there are multiple aspects that i do unlike, so it takes me a whilst to discover what i choose for except i've got already offered that form beforehand. i do no longer purchase broken or rusted cans. i in no way purchase the object in the front of the refrigerated aspects. they are those human beings take for a holiday around the keep then abandon in the middle aisles... then as quickly as they take a seat there for hours and hours, some stocker will ultimately return it to the cooler. beforehand i began out burning the front products, i used to get undesirable milk, etc., now i in no way do. i do no longer supply a rattling if absolutely everyone sees me pass in the time of the stuff for a stable expiration date in the lower back... if this is on the shelf, this is on the marketplace!! i will purchase whichever one i rattling nicely choose for. i additionally shop fees. i verify products to be certain in the event that they are same then i purchase the main inexpensive one. i additionally unpack my cart the way i choose for it bagged. i do no longer choose for my refrigerated stuff mixed with the dry products. the worst baggers are the greater youthful men and ladies folk... because of the fact needless to say their mommies nonetheless wipe their @sses for them and that they do no longer cook dinner or shop for themselves. the savviest are the mature women folk, of direction who continuously %. the luggage completely.

2016-12-15 07:49:25 · answer #9 · answered by ? 4 · 0 0

You probably could walk past, but u run the risk of having every security guard in the store chase you down

2006-09-13 19:36:35 · answer #10 · answered by Anonymous · 1 1

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