When I walk out the front door at Wal-Mart and the alarm goes off, am I legally required to let security?

Question

About once a month or so, as I walk out the door at Wal-Mart the alarm goes off and here comes someone to go through my bag. Am I legally required to stop and let them search my bags?

Yesterday it happened. I hadn't done nothing wrong and had a receipt so I kept on walking to my car. Security followed me and kept asking me to let them search my bag. I just told them to either get a real cop or quit harrassing me. I told them if they touched me, I'd own that Wal-Mart. Was i within my rights not to let a security gaurd search my bags?

Answer 1

You were within your rights to refuse to be searched & ask for a real policeman. I'm not sure they can even physically detain you from a legal point. However they can take down your license plate number, have the police pull you over & force you to have to explain everything, & then ban you from shopping at Walmarts in the future.
So it's probably better if you make security get the manager so you can complain to him directly next time.

Answer 2

Yes. They have no right to hold you unless they do so under the law, and they don't! That my friend is restricting the movements of a US citizen and is the same as kidnapping. That is why a citizens arrest means not much. You can't make a citizens arrest and hold someone against their will.

Their may be some clause you broke when you put foot on their property, which is the same as giving them the right, even though you don't know it. The parking lot belongs to them! But I doubt it!

"As you continue calmly walking away, you'll notice something very interesting. That is, specifically, nothing. The police don't show up. The FBI doesn’t come knocking at your door. Even the Wal-Mart employee who wants to detain you with an illegal search doesn't even come after you, and you know why? The whole system is a ruse. Wal-Mart tells their door guardians to not pursue those who choose to walk away. You heard me right: Wal-Mart has a "don't pursue" policy for shoplifters! This means, of course, that this inventory control technology has no real prevention purpose whatsoever. It does nothing to stop a real shoplifter who buys one item, pockets another without paying for it, then calmly walks out of the store.
The anti-theft system does have another purpose, however: To remind everyone that they are being watched. It also serves to annoy non-shoplifting citizens who are stupid enough to turn around and submit to a Wal-Mart search of their stuff. "

http://www.newstarget.com/z019381.html

Answer 3

LOL... it usually ticks off my wife, but I have the 'boon-boon' sound and voice "Attention, you have activated..." down on the Wal-mart inventory detection system, so I wait until I have passed the old lady checking receipts and near the exit where there is a good echo, and do my thing... its gotten to the point my wife tells me, "Don't even think about it!" once we check out and head for the door... cracks me up to see everyone start scrambling, as I calmly walk out the door and bust out laughing.

All kidding aside, most Wal-marts use off-duty police, constables, sherriff deputies, and troopers for security... all of these are sworn peace officers, so if you are asked to stop by Wal-mart personnel, or security, do it... and its also possible that there is a tag in the clothes you are wearing that could be setting it off... if it becomes a common occurrance, then I would definitely speak with a manager, or take my business elsewhere. Hit them where it hurts... their pocketbook!

Answer 4

Its not bloody harrassement, if the alarm goes of, you get searched, end of! You would also not "own that wallmart" The security followed procedure, you cant do anything to them, you would be a laughing stock. As a store worker, i know that our security Guard calls the police if someone doesnt stop when asked, the police then go through security footage and check every action you did in that store, so thanks for wasting police time! If you do stop but refuse to be searched, the Guard takes you out back to wait in a special room for the police to question you, once again, WAISTING POLICE TIME! and making a huge fuss over you being being stuborn.

Answer 5

I'd go back in, if I kept walking everything would probably be made worse. I'd get everything sorted out then furiously rant about the uselessness of Wal-Mart's staff to everyone when I got home to let off steam :P

Answer 6

They are allowed to detain you, and they can go ahead and call the cops if that's what you want. But if you're innocent, why not just let them see what is setting off the alarm? If it's something that you had on the way in, you should have set the alarm off then. If the cashier isn't de-activating something you've purchased, they need to know so they can fix it.

And you're not going to "own" Wal-mart if they touch you. Aside from the fact that our civil courts have not sunk that low yet, they'll just claim that you said you were armed, so they had to take you down.

Answer 7

I believe they can detain you, but you can demand a "real" police officer be called into the office to search your person or belongings if the store insists on going that far.

BTW, no store employee should be searching your body or asking you to remove clothing.

Always insist on an officer from your local municipality to be called if it comes to that.

I'm not offended if it beeps, they can look into my bag bc I don't steal. It's just an electronic issue at that point. If you are nice about it, then they are usually too.

Answer 8

Unless and until you are placed under arrest, you can deny anything, after you are arrested you can still deny, or just shuttup, but then you and your person and property can be searched.
That is targeted harassment, you musta done something at sometime to draw there attention. Doesn't make it right, but that is the law.
Use to be a law.
But as always you should speak with a legal professional in your area.

Answer 9

No. They could have tackled you to the ground and had you arrested. Dont resist when they ask to search your bags. If it keeps happening to you, then complain to the manager that the cashiers are not doing their job right when checking your things out because it keeps beeping every time you try to leave the store. Or even better yet, just dont go back to that Walmart - go to a different one down the road. I am sure that if your area is like mine, there is always another one down the road around the corner.

Answer 10

Legally, they can only search you if you consent to be searched. They can, however, attempt to detain you until the police arrive and the police can then search you. If they are unable to detain you they can record your license plate and report it to the police.

I, personally would rather consent than go through the hassle of either waiting for the police to arrive or having them knock on my door. If it happens as frequently as you say, I'd speak to the manager. The cashier is not doing her job properly.