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Anyone can call the police, and find out.

the police will tell you they cannot unless they see you put something in your person or in your bags and try to leave.
Call the police and find out before you try to argue with nonsense.

AND no store can put up a sign that would basically have to say, "by entering you agree to give up your constitutional rights to us and let us force you into a volunteer search"

Its preposterous to think that some people actually feel they must surcumb to this.

Must be the same people that work at best buy and walmart I guess.

Call your local police department and ask.
UNLESS someone witneeses.
If they try to impose and force you -- and you have not taken anything -- theres a lawsuit there against them.

EVEN IF THE BUZZARD GOES OFF!
EVEN IF THE BUZZARD GOES OFF.

Unless they see you...
They cant stop you!!!

So, all you people argueing against...call the police and find out the law, before you talk

2007-11-08 03:51:13 · 10 answers · asked by writersbIock2006 5 in Politics & Government Law & Ethics

and let that be the end of it.

Spreading the word out, because this holiday season youre going to get stopped at alot of stores....
know by stoping and waiting in line -- youre VOLUNTEERING to have your bags searched

2007-11-08 03:53:18 · update #1

SENSIBLE apparently doesnt show at places like walmart of best buy does he?
Problem some foreigner from canada or the UK.

Well in the U.S.
They cant because they suspect you, because if they are wrong, they can be sued for being wrong, defmation of character, illegaldetainment, and possible racial profiling

But in Sensibles world, anyone can do anything.
Hes been reading too much about the bush administration

2007-11-08 04:08:40 · update #2

JUST CALL YOUR POLICE DEPARTMENT an ask them .. they will explain.

2007-11-08 04:10:23 · update #3

ESLIE is almost right

If they didnt SEE you--they cant detain you..otherwise its illegal detainment!!!

Call the police and ask.
THEY MUST HAVE PRROF you left the store without paying for it!!!

2007-11-08 04:12:03 · update #4

10 answers

I'm sorry, but even if the buzzer did go off, that's no real clue, all that means is that your cashier didnt deactivate whatever was in your bag. Been there, done that.

No, I don't shoplift, the guilt would overwhelm me, as well as the anxiety. But I don't have the time, nor the inclination to stand there and let some strange person go thru my shopping bags, just because the cashier failed to do her job. The last time I did, it was quite embarassing and I decided that was the end of that. Since then, I just keep walking. They can't detain you, unless they have actually witnessed you stealing. The person at the door, will continue to yell at you, but they won't chase you down. I just smile and wave and keep going, if they want to chase me down, and be proven wrong, and open themselves up to that lawsuit they are welcome to do so. I haven't done anything wrong, and won't be harassed over their ineptness.

When they start offering to compensate me for the time and humiliation of being searched... I'll wait and let them, until then, I bought it, I have the receipt to prove it, and it's not my problem that the cashier didn't bother to deactivate the tag.

2007-11-08 04:15:54 · answer #1 · answered by Ista 7 · 1 0

You are confusing a few things here.

1. A store is a private entity - not the "government" (aka law enforcement). Only the government has to abide by the "unreasonable search and seizure laws".

2. Stores are private entities - therefore, they can make rules for their establishment (even requiring bags to be placed in cubicles while you shop and even the right to search your bags). (The only reason why discrimination is illegal with regard to private stores is because the federal government made a law that applies to private establishments engaged in interstate commerce).

3. If you refuse to consent to a search, the store cannot "hold" you there, but they can call the police. The police won't do anything unless the store has evidence or the police obtains evidence from you that you shoplifted.

4. Regardless, if you fail to comply with the store's demand to search your bag - the store is within its rights to tell you never to come to that store again (and they store can enforce this with a criminal trespass charge by calling the police if you try to reenter the store in the future).

2007-11-08 04:10:30 · answer #2 · answered by Dina K 5 · 2 2

What you are saying is true. It is not a violation of your Fourth Amendment rights, however unless it is done by a government official(like a police officer) or someone acting on their behalf. They can ask to search your person, but no, they cannot detain you unless they see you take something. You do not have to submit to a search by any store employee, even if they do see you take something. They can, however, hold you there until the police arrive, and they can search you. Just a note. If you are at the airport and flying on a plane, the argument that you are checking luggage gives them consent to search it, and the argument that you are using the airline implies consent to search your person and bags is upheld in court.

2007-11-08 04:10:06 · answer #3 · answered by Elsie 5 · 1 2

I don't know what country you live in, America I'm guessing, by the references to Walmart. As such, I don't know your exact laws. I live in Australia, and I think of it like this:
I don't have to show my bag, I have no legal obligation to do so. However, by holding my open bag out to an employee of the store, it shows that I'm willing to be honest with them. Staff only glance at the contents, barley even registering them, but I find it a polite thing to do. If people don't want to show their bag, they don't have to, they can simply walk straight through, it doesn't mean there's going to be a great argument erupting between staff and customer.
If this is also the case where you reside, I must question why you feel the need to make such a fuss?

2007-11-08 21:40:42 · answer #4 · answered by skame 5 · 0 1

The poster is actually 98% right.

The wrong part is about what kind of signs they can put up.

They can do that, but that doesn't mean it is right.

The reason you ask for may be due to the effects noted in the experiments by Stanley Milgram about obeying authority.

It also may be less sinister then that - it is simply less costly to comply and be wrong about the legality of the search, then to protest and be wrong about the legality of the search.

At least to the majority of people who show in lots of ways on here or in their daily lives that being aware of and practicing their rights are foreign concepts both, better to dismiss them then inconvenience someone else.

Which brings me back to Milgram again....I highly recommend you read his original book, it is available on Amazon.

2007-11-08 04:01:48 · answer #5 · answered by Barry C 7 · 2 0

I guess you will find out for sure when you leave after being asked to show whats in your bag. Stores do not make it a practice to check every persons bag. It is normally done if it has been reported or, as you say, the buzzer goes off. You can ask the cops when they get there.

2007-11-08 03:58:44 · answer #6 · answered by sensible_man 7 · 0 2

So basically, all they have to say is "We think there is something in your bags that you didn't pay for" and they can search. Wow, I don't know how the stores will ever meet that legal criteria in order to search your bag.

2007-11-08 03:58:52 · answer #7 · answered by Anonymous · 3 0

The BUZZARD! Who are you trying to convince? You seem to think it's OK to shoplift. Wrong! Good luck with that lawsuit.

2007-11-08 04:00:47 · answer #8 · answered by Wounded Duck 7 · 1 1

The possibility of someone asking a seriously intense, amazingly intellectual, spontaneously wonderful question =D

2016-04-03 02:00:53 · answer #9 · answered by Anonymous · 0 0

Then don't shop at Wallie Mart.

2007-11-08 04:45:45 · answer #10 · answered by zoman 4 · 0 0

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