What would happen if I refused to return to a shop after setting of the bleepers at the exit?

Question

Several times a cashier has missed a security tag when scanning my shopping through at the supermarket. The bleeper then goes off at the exit and the security person has asked me to return inside whilst they find and deactivate the tag. This is very annoying and inconvenient - I feel like I am being accused of stealing something. It is their fault that they've left a tag on. What would happen if I refused to return to the store whilst they went through all my shopping?

I would like to call their bluff and say 'Go on then, arrest me'. Could I then sue them for false arrest ?

From some of the answers so far, there appears to be some confusion. I would not resist arrest or run or anything violent. Sueing in the UK is not the same as in the states - you're unlikely to gain from this financially as I wouldn't be out of pocket.

Answer 1

They better have something more than just the security device activation. There are so many instances of false alarm that the device can't reasonably be used as cause for a detention. As a private entity they have less authority to detain someone that a police officer.

Evidence of the unreliability of the sensor can be found in the method that they handle the activation. Once a person has left the checkouts & the device activates the clerks have merely done a quick scan of the receipt, at most glanced in the bag and then sent the patron on their way. Some have merely waived people on. If it were at all accurate then a item by item comparison would be called for. Same goes for clerks that want to waive you down to put a checkmark on the receipt. Sans checkmark they can refuse to take any returns but they don't have any legal authority to make you stop just so they can run a highlighter over the receipt. Of course, I could always do that and save myself the wait.

They expect us to act like cattle and follow their direction. Doesn't work that way. If you want to detain me you have to have grounds and a device that is notoriously unreliable is not just grounds.

Answer 2

Just behave- if you've nothing to hide just return and show them your goods & reciept. Store clerks are 90% fine people- itn happens all the time and shop loss is a massive headache to traders.
I once owned a mini-mart and we lost $30000 AUD through theft in 6 months. Loss Insurance doesn't cover all of it- and your premiums rise as you have a legal obligation to report theft to your insurer (otherwise you don't get any).

Store security DO have the legal authority to detain you on suspicion of theft- which means that legally they cannot be considered at fault if they detain you in error as it is plausible you may have been seen acting suspiciously. This means they can physically restrain you too and can act in a manner deemed reasonable self-defense- which is up to the courts to decide.
So, if a person is detained and they start thrashing about and making a fuss- security can restrain them.
In a court setting- the weight of the testimony of security and the store will not be in your favour.
You will have to pay full costs and possibly some kind of charge of Falsifying information and be a couple thousand quid poorer, but wiser.
That's the view from the other side of the counter, mate. We shop-owners DO have to pay for the little sods constant blagging.

Answer 3

If you have nothing in the bag that has not been paid for there is no reason to stop. But why not do so anyway. Then as someone else has said say to the shop "I've been stopped several times for mistake; what about a gift voucher". Security staff probably [in UK] do have powers of arrest - as do we all - for crimes that are in progress or that have happened. We do not, unlike the police, have powers of arrest to prevent a future crime happening. In UK you will not get far with any "action" for false arrest unless this is done maliciously [etc] or without reason. The alarm sounding and your failure to stop would give reason. It is far better to co-operate [indeed it might be said to be the citizen's duty]. If you are arrested the police can do all sorts of unpleasant things to you - quite legally. DNA sample, put in a cell, house searched and all for nothing!

Answer 4

While I empethise with you, I don't suggest you refuse to return. If
by some chance the checker failed to scan an item and you were forced back into the store, if the item that set off the alarm were not on the reciept, you could inadvertently be charged with theft and incarcerated until your day in Court. What I would do is this; when you go into the store the next couple of times go straight to the manager and ask him to inform the checkers that they are not properly scanning items at the time of the CUSTOMERS exit and this could lead to a liable suit,. see where that takes you. you may even get a free shopping certificate.

Answer 5

Although all the responses so far are correct (with the exception of thin and ixibout or something), you should remember that a store is privately owned and if you walk away instead of returning as you should and they expect you to. The manager could decide that he/she no longer wants to do business with you, the next time he/she sees you in his/her store he may ask you to leave and not come back. If you refuse he can have you barred from the premises and if you insist in being there you could be detained for trespassing even if you never ever took anything and they never accused you of anything.

Answer 6

I don't know for sure what would happen but I imagine a security guard would come running after you making the situation even worse. If it would not be a terrible inconvenience I think I'd try returning everything I just bought right there on the spot -- make them give you a refund. Hopefully the manager would get involved and you would have an opportunity to voice your complaint.

Answer 7

Setting off the security system most likely qualifies as 'Probable Cause'. What authority the security office has depends on where you are and who the security officers are. A police officer working security would have the same authority as if they were on duty. Private security officers may be more limited in what they can do. Even if they can't arrest you, their word usually carries a lot of weight with the local police.

Answer 8

I thought your question was very intelligent until the additional details. Sounds like you are just looking to make a quick buck. When things are stolen, not saying you are doing the stealing, prices go up for all. Needless to say, I would suck it up and be a good citizen as the merchant is trying to keep loss down. I am a cop and it has happened to me as well. At times it isn't even a tag that has made it go off. There are other items that can do it as well.

Answer 9

The only way they can legally detain you (arrest you) is if they KNOW that you stole something (usually by seeing you do it).
Because they get set off, so often they can't use that as grounds for searching you or detaining you (at least not here in Canada).
Most people will go back in and let them deactivate the stupid tags and they do catch some thieves this way. I always hold the bag out in front of me as I am going out of the store. That way the Walmart greeter or whoever can plainly see that there is something inside my store bag that is beeping and not something in my pockets.

Answer 10

if YOU REFUSED TO ALLOW A SEARCH AND DEACTIVATION, OF AN ITEM , YOU COULD THEN BE ARRESTED ON SUSPICION OF THEFT .
I know it is annoying ,when the cashier "forgets to deactivate an item .
you are in a hurry and find it, very inconvenient and embarrassing ! If you are stopped .

but you know ,you would not steal

this will be verified ,very quickly by your receipt .
So you don't get embarrassed in future .

Be patient , and if you know you are buying a tagged item , make sure your purchase has been deactivated .

>^,,^<

Happy New Year!