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Author Topic: I had a run-in at Walmart today in defense of my liberty  (Read 2421 times)

Diet Yomajesty

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I had a run-in at Walmart today in defense of my liberty
« on: August 10, 2008, 10:12:00 PM »
I was briefly detained at Walmart (I know, but I needed house-y stuff as well as groceries) for refusing to show my receipt to the bouncer at the door. A cashier, one security guard and two Sheriff's deputies got involved, all of whom claimed that I was required to show the receipt as requested, and I attracted a small group of on-lookers. "Look at that crazy white girl."

I'm sick of these stores making me prove to them that I paid for my merchandise. Showing a receipt is voluntary (unless you're at a store like Sam's where it's written into the membership agreement) and these poor employees are being instructed by their managers to treat their customers like thieves and to risk their own personal safety by detaining/obstructing people. I've had it!




(Read more at my blog! LawyerSoda.com)
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You could leave a cardboard cutout of Erik Estrada at the front counter and I guarantee you no one would ever know the difference.
Not so much because you resemble Erik Estrada, more so because you have the personality of cardboard.

vjm

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Re: I had a run-in at Walmart today in defense of my liberty
« Reply #1 on: August 10, 2008, 10:23:40 PM »
So feisty, the Soda!

Thistle

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Re: I had a run-in at Walmart today in defense of my liberty
« Reply #2 on: August 10, 2008, 10:47:09 PM »
Bosco, did you just want me to discover that you made Law Review? You know I'm already into you.

vjm, it's getting bad. I also had a run-in with the neighbor of some of our classmates when she complained about the noise. She told me I'd be fat when I grow up.




see?  its much safer in dot & tashas thread.  we NEVER talk about our weight in there.
non ex transverso sed deorsum


JD

Diet Yomajesty

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Re: I had a run-in at Walmart today in defense of my liberty
« Reply #3 on: August 10, 2008, 11:03:16 PM »
Why must you make trouble everywhere you go? Rabblerouser.

I wish I knew. Having second thoughts about a shared baby quiche?

Is that really how it works?  I don't have to show my receipt if I don't want to?  If I'm bored I might just try that to be difficult next time I'm at Best Buy or something.

From what I understand, merchants have the right to detain you for a reasonable length of time IF there is reasonable suspicion of shoplifting. Refusal to show a receipt alone does not constitute reasonable suspicion and so for that alone they should not detain you. Many cops, if called to the scene, will try and make you show it and of course, most people think it's easier just to do so. But this erosion of our rights is a slippery slope and I'll be damned if Walmart is going to boss me around.

Try it and report back. It's fun!
Quote from: Tim Mitchell
You could leave a cardboard cutout of Erik Estrada at the front counter and I guarantee you no one would ever know the difference.
Not so much because you resemble Erik Estrada, more so because you have the personality of cardboard.

vjm

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Re: I had a run-in at Walmart today in defense of my liberty
« Reply #4 on: August 10, 2008, 11:11:40 PM »
BTW, I looked today at the Tchoup Stop, and all I saw was Fanta Orange and Orange Crush. Are you getting your DS, DS?

vjm

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Re: I had a run-in at Walmart today in defense of my liberty
« Reply #5 on: August 11, 2008, 12:36:51 AM »
Maybe airlifts from your homeland are in order.

Mori

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Re: I had a run-in at Walmart today in defense of my liberty
« Reply #6 on: August 11, 2008, 01:42:33 PM »
I read a similar story a few months back:

http://www.die.net/musings/bestbuy/


Some guy refused to show his reciept at his local BestBuy, and was detained by employees at the store.



LSN

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T. Durden

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Re: I had a run-in at Walmart today in defense of my liberty
« Reply #7 on: August 11, 2008, 02:01:43 PM »
it seems to me that the first issue is whether or not you have any rights in play here. given that you're on private property, your rights are limited beyond those which are granted by your status as "invitee." for example, the reference to "reasonable suspicion" strikes me as misguided as that is a constitutional standard applied to stop & frisk searches by the police. private security personnel are not required to demonstrate reasonable suspicion, at least not in the fashion that one would expect in the criminal procedure context. instead, your remedy for an inappropriate search (and corresponding detention, for that matter) is grounded in tort law here. given that there exists a "shopkeeper's" exception for such searches, you'd have to somehow show that the search was unwarranted, arbitrary, capricious, etc. as you refused to display your receipt upon request, i seriously doubt that you'd survive a MSJ.

you're on private property and as such you have very limited constitutional rights. you certainly don't have a constitutional right on private property to withhold a receipt should you so desire. instead, you impliedly assent to whatever conditions the store maintains by voluntarily enterting; any failure to conform brings you in under the shopkeeper's exception.

anyway, that's my best guess ;)

TimMitchell

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Re: I had a run-in at Walmart today in defense of my liberty
« Reply #8 on: August 11, 2008, 02:05:21 PM »
I guess that blog is a joke? Dosen't show up for me... I want some lawyersoda!

Julie Fern

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Re: I had a run-in at Walmart today in defense of my liberty
« Reply #9 on: August 11, 2008, 02:33:52 PM »
it seems to me that the first issue is whether or not you have any rights in play here. given that you're on private property, your rights are limited beyond those which are granted by your status as "invitee." for example, the reference to "reasonable suspicion" strikes me as misguided as that is a constitutional standard applied to stop & frisk searches by the police. private security personnel are not required to demonstrate reasonable suspicion, at least not in the fashion that one would expect in the criminal procedure context. instead, your remedy for an inappropriate search (and corresponding detention, for that matter) is grounded in tort law here. given that there exists a "shopkeeper's" exception for such searches, you'd have to somehow show that the search was unwarranted, arbitrary, capricious, etc. as you refused to display your receipt upon request, i seriously doubt that you'd survive a MSJ.

you're on private property and as such you have very limited constitutional rights. you certainly don't have a constitutional right on private property to withhold a receipt should you so desire. instead, you impliedly assent to whatever conditions the store maintains by voluntarily enterting; any failure to conform brings you in under the shopkeeper's exception.

anyway, that's my best guess ;)

most states have statute that indicate when, and usually how, stores may detain customers.

julie seriously doubt any of them say failure produce receipt enough for detention.  and stores liable for improper detention.