Is this illegal? Being bag checked at Claires?

Question

So my friends and I went shopping at Claires. Me and two of my friends. I picked out a keychain and was going to get it but decided not to I had held it in my hand for a while. One of my friend who I was with was I quess trying to take something (shoplift) And I knew she was but I didn't say anything so she dropped stuff in her bag but I knew something was wrong because the manager was talking to the security guard. I told her to put the stuff back and she did. So on our way out the lady stops all of us and says she has to check our bags from previous shopping. I didn't have a bag but I had a purse so she made me open it so she could see that I didn't take anything. None of us take anything and two of us didn't think about taking anything however all of us are banned from the store. There's gotta be some justice to that I mean first she assumed we stole and then banned us? Not to mention embarrassed us in front of people.

Thanks to Paul I, pink, Ashleigh R - Q, Godless.. for NOTHING. What I needed was an answer not a moral lesson you guys must think you are so smart putting other people down. Did I ask "Oh should I still be her friend?"

And to the person who said I'm crying out for justice? I simply said justice once. Stop being so dramatic. Please.

And to everyone that won't answer my question and criticize me for being an "accessory." Come on now, you are telling me you will go to the manager and say "Oh! Please arrest my friend, she is attempting to steal." Be real now.

As for everyone who is being nice about the situation, I appreciate your answers.

And everyone who thinks I'm an accessory or "guilty by association" Did I or did I mention that I told her to put the things back? Please read my question before assuming that you are so smart at giving a bad answer.

Hey FX_Make-upArtist the question is.. did YOU read what I wrote? I said I want an asnwer to "Is this illegal? Being bag checked at Claires?" NOT a moral or social lesson. I wish I can just delete your answer. It's a waste of space and I'd like 10 seconds of my life back for reading it.

Answer 1

No, it's not illegal. First, probable cause is determined by whether a reasonable security guard would think that you may be stealing -- whether you actually stole something is irrelevant. Some of the issues that make it a legal search: 1) you were on private property, 2) you implicitly agreed to the store's management when entering, 3) everything you did in the store was in "plain view", therefore eliminating the need for a warrant even if it were public property, and 5) they had reasonable suspicion. As far as banning you from the store, they can ban anyone they want, its private property. Just like you can decide who comes into your apartment, they can decide who comes into their store. They cannot discriminate based on sex, religion, political affiliation, or race, but other than that they are free to ban anyone. You could say they discriminated based on age, but they would say they banned you for attempted theft, and they'd win.

Answer 2

I'm not sure if it was legal to look through your bags. I thought unless there was endangerment of life, looking through personal property was only legal with a warrent. As far as banning you from the store, you all proved you didn't steal so you need to report this woman to the store manager. If she is the manager, contact the company directly and don't forget to tell them all bags in your group were checked by security and nothing was found to be stolen. Just think what could have happened if your friend didn't put whatever it was back. How old are you guys anyway? If you are banned from the store after contacting who I told you too, a lot of law firms do free couseltations, you might be able to sue for discrimination.

Answer 3

The commission of a felony was avoided by the fact that the potential perpetrators were made aware of the Manager's suspicions and the surveillance and scrutiny of the Staff and Security Personnel. Don't push Your luck. The fact that You did not steal anything is not the same as not trying to. Legally, morally and ethically You are obliged to assist the Police and the Store prosecute Your friend for Her attempt to commit larceny. Guess that would make You an accessory , wouldn't it?

Answer 4

You are slow aren't you? First of all you were planning to steal stuff, at least the people you were with and if they were and you hang with them, chances are you are a criminal too. They have every right to search your person and possessions if they believe you committed a crime and yes you can be banned from Claire's, lol!! The simple fact is you knew your friend was going to steal so what does that say about you and your judgement on your friends? It says you deserve to be questioned because you cannot make good choices on your own. And justice?? As far as I am concerned, you got away easy. You are not entitled to anything, just be glad you aren't in jail!

Answer 5

Well probably because they saw your friend drop stuff in her bag, they did it, did the security guard check the bags or did the store lady (cashier)? You didn't have to open your purse, and you should not be banned from the store.

I gotta say if that happened to me, and someone told me to open my purse I would say shove it, that's my personal property, I'd let her call the cops then let the cops see I had nothing and then announce to everyone how mistreated I was and threaten her with a harrassment lawsuit. I don't take kindly to that kind of stuff, but again if you know your friend takes things, why go with her? I sure wouldn't.

Answer 6

the fact remains that they saw you attempt to steal and to curb that your banned .It is after all private property( the store)I am a retailer with a store and I have done the same several times.Thieves are a constant source of annoyance and expense.
I usually let the thief leave the store,then I bust them and charge them.A little embarassment might not be such a bad thing.I put pics of thieves up on my store wall right beside the till so everyone can see them
Sorry you are guilty by association.Pick your friends better
If anything you should be reaming your "friends "*** out for embarassing you.Lets face it ,if she kept her hands in her pockets the incident wouldnt have happenned.
I bet that if you went to the store manager and apologized for being at the wrong place at the wrong time,the ban would be lifted for you.........but not her.

Answer 7

Think about what you wrote. You were with a person attempting to steal. Regardless of you telling them to put it back you were still with a person attempting to commit a crime and the store knew it. They had every reason in the world to check you both for stolen items at this point.

If you don't want to be embarrassed then don't hang out with people that steal or attempt to. It makes you look guilty regardless of what you actually did and will cause you problems.

Answer 8

Claire's is protecting their inventory, and they are fully within their rights to do so. They also have the right to ban you from the store as long as they are not banning you based on discriminatory reasons.
You're friend had no business trying to take what did not belong to her, and yes you being with her does lead to guilt by association. Maybe you need to reconsider being angry at a store that was protecting it's inventory from a theif and be angry at the friend who put you in this situation in the first place.
You're embarassed, well blame the friend who put illegal merchandise in their bag. The most likely witnessed something going in - and that is enough for them to check her bag and yours for being with her.

You need to redirect your "search for justice" from Claire's to the friend who owes you an apology for putting you in the situation in the first place!

Answer 9

It is not illegal because you agreed to it.

Entering a store they have every legal right to check your bag because they can say who and who cannot shop at the store (so long as it follows the 14th amendment), exiting a store they have no legal right because no one can force you to do anything as a requirement to exit. If someone said you can't leave this store until we check your bag then they physically hold you, that is illegal, it's basically kidnapping. This is especially true if you did not steal anything. (Assuming one is stealing based on age is age discrimination and also illegal).

Answer 10

They found that you were not stealing anything and instead of giving you an apology, they banned you from the store ?!?!?!?

Does not sound right to me.

Speak to a lawyer. The store might just give you some money to induce you to drop the case.