If the DOOR ALARM goes off at the store...?

Question

Like Wal-Mart or Best Buy, if the door alarm beeps when you walk out the store, do you have to come back inside? What is store security stops you and demands to check your bags? Do you have to let them? The other day Best Buy alarm went off and the security followed me outside and I didn't look back and waived my hand and said I don't want to back in and have my bags checked. I got in my car and left. Everyone was staring.

Answer 1

The store's policy has nothing to do with the law. Of course the store wants you to think you have to stop and go back inside, but you don't. The responses you've received thus far are pure trash. You don't ever have to "prove you didn't steal"--in the United States, you are innocent until proven guilty, which means the store would need to prove you DID steal.

First of all, once you've made your purchase, the items and the bag are YOURS and yours to keep. They become PRIVATE property. That means nobody has the right to search your bags once you've paid. NOBODY. As for detaining you for theft--the law is clear on this--the store must have witnessed you picking up an item AND not paying for it AND leaving the store. All three must be met. The door alarm going off without anyone witnessing you stealing is NOT ENOUGH to detain you. There have been numerous lawsuits over this issue where best Buy employees illegally detained customers--Best Buy had to fork over thousands of dollars in damages as a result.

If the security guard won't let you leave, ask if you are under arrest. If not, leave--use force if necessary. If the security says you are under arrest, demand that the police be called. Do not submit to a search of your bags or property. The police will need to obtain a warrant.

Answer 2

I ignore them too. In the US, those alarms have no legal standing. In order to search you without your consent, someone must have seen you conceal goods on your person.

Some states require that the suspect actually attempt to leave the premises while others only require that the suspect attempt to conceal property on their person. The only time that those alarms mean anything is if you have been observed stealing something and state law requires that you attempt to leave.

Virtually all retailers that use those (the majors anyway such as Wal-Mart, Best Buy, etc.) do NOT use security staff to inspect your bags. They use cashiers, greeters, or shelf stockers. The only time you'll ever see security is if you have been observed stealing something.

I asked 3 attorneys who all told me the same thing: You are free to ignore the alarms and the staff who accost you. If you should be physically touched, assaulted or detained by anyone who works for the store, call me and we'll sue their pants off.

Answer 3

You ussulally have to go back in. Recently I was at Best Buy and purchased over 200 dollars worth or stuff and the alarm went off and I saw a sign that said "if alarm goes off, go to then nearest checkout" They did not even notice and we walked out because we knew that we did not steal anything. Most of the time if the pepole notice they will stop you. You do not have to let them check your bags but you will go to jail if you don't.

Answer 4

The stores policy would be that yes you have to go back into the store so they can make sure nothing in the bag was stolen.

Those places do have cameras though, if the store decides to pursue it you may be visited by city police asking you questions etc. And of course you'll have to prove that you didn't steal anything.

That would most likely cause you to have to show up in court and go through that process.

Answer 5

If they don't detain you, you can leave. Keep in mind, they have the right to take down you plates, find out who you are and prosecute you for theft. They have video all over most any stores, and they will use any footage of you they can find to make a case. It's just easier to prove you are not a thief and THEN tell them what a$$holes they are for accusing you!

Answer 6

I have explained to the door-idiots that if they move me from where I am that is either false arrest or kidnapping. They now have wands to check your stuff without moving you. I got one door-idiot fired at a Walmart for physically threatening me. They can't move you.

Disclaimer: I am not a lawyer, nor do I claim any legal knowledge. My statement is only my opinion and offered for entertainment purposes only. Not as legal advice.