Clerify -- did you know that no store, BEST BUY, or the like can search your bags as you exit the store?

Question

Many people have tried to argue - some probably best buy employees - that stores have a right to go through your bags as you exit.

They cannot. Verify with your local police department and ask them.

If police need proper cause to search your belongings, then what makes anyone think a store clerk can violate your right.
Its a deterent, they do it because people allow them to. Its completely volunterily on your part.

But no store, no employee for any storecan attempt to detain you -- without making themself liable against lawsuit for illegal search, and illegal detaining you should you walk out and they try to prevent you from leaving.

Anyone tries to argue that, tell me what police department you called and what officer, so I can prove you wrong.

Just wanted to know if anyone knew their rights?

THEY CANT HOLD YOU UNLESS THEY SEE YOU ACTUALLY HIDING MERCHANDISE....they need to catch you leaving the store without paying for it, and have witnessed it -- not suspected you of it -- but witnessed it.
If they try to detain you without witnessing it, and you dont have anything on your person -- then thats detaining you illegally.

People have this so confused. Call the police for yourself

P.S. A ball for you -- whatever the stores policy -- doesnt affect the fact that once you pay for the merchandise and its bagged, then that becomes your personal property. Police need probably cause to go through that bag.

Store policy for many stores is the same .. deter theft. Someone tried to bring up citizens arrest. Only when there's witness to a crime can they do that, otherwise any police will tell you when you try making a citizens arrest - "are you sure..for you can be sued if youre wrong"

AND JACK -- only informed answers here. Take your peanut gallery comment back to the trailer park goober. A smart person would verufy what Im saying before they choose to talk out of their a**

CHLOE .. I dont know what you are smoking .. and as a trained security guard you must be told one thing -- but, UNLESS YOU HAVE WITNESSED THE CRIME -- you cannot stop, impede, detain anyone or you can be held liable. THEY MUST WITNESS IT.

As far as cranky, no, just tired of people going around talking out of their butts, trying to argue for these stores, and violating peoples rights.

you sound like you might be a best buy employee.
But again, anyone contact police yourself to verify what I say. Dotn takemy word for it,check for yourself.

I cant believe 2 people agreed with FRED and his citizens arrest theory. But again, a citizens arrest can be made, it should be made only if youve WITNESSED the crime, for if the person you are making citizens arrest on, turns out not to have anything -- because you didnt SEE THEM take anything -- then you are liable if as a person or as an employee. Thepolice will tell you that, and try to talk you out of making a citizens arrest.
But hey, if you dont want to verify for yourself..dont.

Answer 1

You are exactly right. I knew this because I read an article about this very thing recently. I think that Americans don't know their rights, and I remain astonished at how eagerly they've ceded those rights under this current presidential administration. I really hate the word "sheeple," but if the shoe fits...

****Here are tips on what to do if a Walmart (or any other big chain) employee attempts to stop you:

If you are not a shoplifter, and you've paid for your merchandise, and you still get beeped by the anti-theft system on your way out of the store, take these actions:

- IGNORE the beep. It doesn't apply to you anyway, since you're not shoplifting.
- IGNORE the Wal-Mart employees calling after you: "Sir!" or "Ma'am!" They must not be talking to you anyway, since you paid for all your stuff.
- KEEP WALKING towards your car. Wal-Mart has a "no pursue" policy, so they cannot legally stop you from calmly walking to your car and driving away. Most of the time, this will be the conclusion of your Wal-Mart walkout event.
- REPLY to any direct verbal challenge (like if they tap you on the shoulder or run around to get in front of you) with: "No thanks. I don't mind my merchandise not being deactivated."
- THREATEN TO CALL THE POLICE if a Wal-Mart employee grabs your arm or otherwise physically assaults you. Tell the employee you are going to press assault charges against them.
- The entire thing will be recorded on Wal-Mart's parking lot security cameras.
- REFUSE to play their mind game by producing a receipt or otherwise submitting to their illegal search. Once you pay for the merchandise, it is now yours, not theirs, and Wal-Mart has no right to search through your private property without a search warrant.
- As a last resort, if they continue to hound you, demand, "Are you accusing me of a crime?" When they answer no, reply, "Then I will be on my way." Keep on walking.

Stay completely calm and matter-of-fact like. You are in the right. Don't blow it by acting suspicious. And, of course, if an actual member of legitimate law enforcement happens to get involved, it's a good idea to do what they ask, even if it means showing your receipt to "prove your innocence." Police officers do, in fact, have the right to pursue you, even if they only suspect you're a shoplifter.

Answer 2

They probably will have to provide some probable cause for a search, but it is private business that can have its own store policies on people with bags that can hide merchandises. I would say its likely their search may be in line with their store policy and probably have been cleared by corporate lawyers perhaps. I'm not exactly sure, but I wouldn't be surprise if the police side with the store. They're not stoping anybody. They're probably stopping people with large enough bag that can hide substantial goods. So, its not search of a person, but more specifically bags that can hide expensive stuff.

Answer 3

Well since I don't steal I don't worry about it. One time a few years ago I was shopping and I took my time looking at shoes I got a bad look from one employee (maybe because I had long hair) anyway I was carring bags from stuff I had already bought. And when I got outside I was approched by a plain clothes store detective or what ever you call them and he asked "can I look in your bags" so I guess you are right they have to ask permisson first.

Answer 4

yes i did. Bastard tried to search me when I was leaving a retail store a few days ago. Never shop lifted in my life. Told him to prove it and he had to get a mall security guard. I told the guard no and he had to call the cops. Funniest part was the look on their faces when the cops got there and bitched at them for 20 minutes saying they couldnt do anything without just cause. love that.

Answer 5

My, my...did we miss taking our happy pill today? Yes, as trained law enforcement I know my rights. But there is a glitch in your story.

IF the alarms go off when you are exiting the store, employees are 'warned not to give chase if person is running' by upper management. Second, if you ARE stopped, you MUST...and I repeat MUST show your receipt and they have the right to check what is in the bags and look for items that do not show up on that receipt.

I don't know what state you live in, but in this state, this is what WE DO. Retailers also have their RIGHTS just as you do. So you shouldn't make offers you can't possibly follow though on.

Whats wrong??? Get caught??? Why so belligerent and cranky, then? When those alarms go off, you'd better believe that management has a right to compare what's in the bags to what it says on that receipt. If you make it to your car...THEN no. They lose.

Answer 6

Dear writersbl...,

I do not know how to answer your question, but I know this:

Thinking about your question and the details thereof, and using logic and reasoning, I believe, with no shadow of doubt, that your reasoning is 1. Solid. 2. Sound. 3. Logical. It just makes sense

Answer 7

Great point. I hate corporations who think they can just do whatever they want. Next time I go to Best Buy I'll have fun with them.
Thanks and fight the power.

Answer 8

They can only search if they actually see you steal something. And then I think they have to have some sort of security guard or policeman present.

Answer 9

Wrong on one point.

They CAN detain you if they suspect you of shoplifting and resisting is a crime in and of itself.

They can't search you without permission, but they can hold you for the police. (and with the video evidence the store probably has of the shoplifting... the police CAN search)

Its called "Citizen's arrest." Anyone can do it. And if you resist, its resisting arrest just as surely as it would be if you resisted arrest by a uniformed officer.

Answer 10

I think there are fuzzier lines for store security guards... but I'm not exactly sure of the specifics... overall, I think you're correct...