Obligation to stop when the Anti-theft/shoplifting alarm rings in a public store.?

Question

I would like to gather your opinion on you rights to refuse to show the door greeter/security guard your receipt when leaving a store. My personal opinion is that unless there is some probable cause for the guard to search you, such as an employee visually seeing you place something in your person, any search is unreasonable; simply refusing to show a receipt IS NOT reasonable suspicion. I know many of you are just saying, “If you didn’t steal anything, why not just show your receipt and move on.” I feel that I shouldn’t be required to forfeit my rights to anyone, especially a (relatively) untrained greeter/guard. This is analogous to consenting for a vehicle search to a police officer, why surrender my 4th amendment right to privacy.
An addendum to the previous question, do you feel that the ant-theft device alarm presents reasonable cause to be searched. Personally I feel that it doesn’t. Ask yourself how many times has it (incorrectly) gone off when you have purchased an item?

Answer 1

It has never gone off on me. I did have an alarm at the library the other day. I didn't feel violated in any way when the girl asked to look in my bag. I hadn't put the receipt in the pocket completely. Show your receipt and get on with your life.

Answer 2

The alarms are set at the door for the reason of preventing theft. If the alarm goes off, and you are the one that set it off, then the individual has every right to request your receipt so they can see you purchased the item that needs to be detagged. If you refuse to show the receipt, then they can request you remain until a police officer shows up to do the search. The alarm going off IS probable cause. And I will also tell you that not all of the alarm "sensors" on merchandise can be easily removed (like stickers, and the like). Some of the tags require a certain device to be removed or they could ruin the merchandise you purchased (ink tags are a perfect example). Without showing the receipt, no store is going to remove a sensor device from a piece of merchandise for you.

You worry about forfeiting your rights, but I see you don't care about the retail workers' right to get a good raise, instead of having it cut by the loss that shoplifters cause. It isn't just petty little items like candy bars - there are game units, computers, cameras, and so on. Shoplifting is big business, and if it weren't then people wouldn't do it.

I worked in retail for many years, and yes - cashiers make mistakes. But I was also on the receiving end of the butt chewing from the customer that had to come back to the store because they left the store with a sensor item that can't be removed without a certain unit. Most of them refused search of their bags, and the assets protection person was too busy to wait with them for the police to come and do the search.

In most states, once you are past the point of purchase, and an alarm goes off, you are required to submit to the requested search. It is due to shoplifting. That is why the alarms are at the doors, and not right at the checkouts.

Just allow the search. Because if I am the person that you meet, and you won't allow the search, then you will be waiting for the police to come and do the search. I think that is more of an inconvenience - and embarrassment - than just letting the person at the door do their job quickly. I am sure you would like people to allow you to do your job and not make it worse. Well, that is all these people are doing - they are not looking to bother you or cause you problems - they are doing customer service.

Answer 3

Hmm...I do not agree with some of the answers here. I agree that we are made to feel like shoplifters every time we exit some retailer's doors. KMart does not have the policy stated as above. In fact, before they can stop someone for suspicion of shoplifting their loss prevention must see the indiv. enter the store, have continuous surveillance while in the store, see them select an item, conceal it and pass the register areas failing to pay for it. Kmart initiated this policy because they had been sued so many times for wrongful detention and false arrest.

These stores are private property, but not the same as your or my home. Because they are open for business to the public they can't randomly exclude patrons from entering. For example, if you were green and I decided I didn't want to let any green people in my home, no one could complain. But, a large retailer is different and can not exclude for discriminatory purposes.

I do not think I have ever been in a store when the alarms were not going off erroneously...it is now a common occurrence and I doubt, for that reason, that it could ever constitute reasonable suspicion or probable cause. I would certainly challenge it on that basis.

Answer 4

Some good answers here - just want to clear up one concept here. The term "probable cause" is a term that applies to police officers. It is the level of belief needed to make an arrest. The Bill of Rights protects criticizes from GOVERNMENT. Your question has NOTHING to do with the police nor the government, so both are irrelevant. As far as the employee stopping/attempting to stop you being a greeter or a security guard is also irreverent - they are all private citizens, not a government employee and therefore not restricted by the Bill of Rights.

The real issue at hand is if an employee can detain someone, and what level of belief they need to do so. Although it varies from state to state, most citizens can detain someone they believe has committed a crime until the police arrive (sometimes referred to as a 'citizen's arrest'). Now, as far as a security device beeping alone is enough to detain someone, well - that would be up to the judge to decide.

It certainly is annoying when you exit the store and hear that beeping since there are many flaws in the system. I personally have never attempted to shoplift once in my life, but I have made that thing beep lots of times. I find it easier to cooperate with the poor employee who has been stuck at that post for the day. However, if you choose to ignore the employee's request to stop, you won't be breaking any laws by continuing on your way. Just be ready for the police to conduct a follow-up investigation. Leaving the store certainly will make you "look" guilty, but looking guilty alone, fortunately, is not illegal in this country.

Answer 5

You have absolutely no obligation to stop and show your receipt but be forewarned that the store security can get your tags and call police for suspicion of shoplifting. The door greeter is not store security and is not allowed to detain anyone at anytime. They can request you show receipt or ask you to present your items but if you refuse they can't stop you from leaving.

Answer 6

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Answer 7

In a store like Costco...if you don't show what you've bought they have the right to pull your membership- it's a club that you have joined.
In a place like Fry's, I just thank them for their diligence and leave...they have no right to stop me unless they arrest me.
There are specific steps to apprehending a shoplifter; if they fail to do them all they are subject to civil prosecution.
See the link.

Answer 8

You are on private property and their agent has a right to protect the owner's property. They don't ask for a receipt unless they saw you. Or it is store policy to check people. The policy would be accepted in court as being justified.

If you are so worried about your rights stay home and shop on-line.

Answer 9

IT IS YOUR RIGHT TO REFUSE TO CONSENT TO A SEARCH.
IT IS THERE RIGHT TO NOT LET YOU OUT OF THEIR PROPERTY THE STORE.
WAL MART IS ALL THAT WE HAVE, K MART?
BE AWARE YOU ARE SUBJECT TO SEARCH BEFORE LEAVING THE STORE. THEY CAN AND WILL CALL SECURITY, THEN THE POLICE WILL BE CALLED. YOU CAN BE DETAINED, ARRESTED, QUESTIONED. WHY? BECAUSE IT IS THEIR JOB FROM MANAGEMENT THAT THEY HAVE TO RANDOMLY SEARCH CUSTOMERS. THE VOLUME OF TRAFFIC THEY HAVE AND THE AUTOMATED SCANNERS IT IS NOT HARD TO NOT SCAN AN ITEM OR TWO OR THREE OF SEVEN AND WALK OUT WITH A HALF PRICE SALE.
IF YOU DO NOT LIKE THEIR POLICY SHOP ELSEWHERE. I HAVE NEVER BEEN STOPPED IN 17 YEARS. I HAD AN ALARM GO OFF BECAUSE THE TELLER FORGOT TO TAKE THE DEVICE OFF A SHIRT I HAD BOUGHT AT MARTINS? LITTLE EMBARRASING, BUT IT GOT STRAIGHTENED OUT AND THEY GAVE ME A $5.00 GIFT CERTIFICATE FOR THE HASSEL?

Answer 10

If they are going to use those thing,s then they must make sure it is working right. I feel no obligation to stop and waste my time while someone who just over charged me for some product or the other confirm,s if their equipment work,s. They have no such right as far as i am concerned. I,ll pull my lawyer on them like a gun if they aint carefull.