Legal discussion

trularin · #1 (**permalink**) 04-08-2009, 06:42 AM

I am having a debate with someone over the guy at the entrance to Best Buy.

So, some guy named John walks in and purchases a DVD. He surrenders $20.00 for the item and gets a reciept.

As he is leaving, the guy at the enterance asks for the reciept.

Here is where the debate starts. Does the guy have the right to ask ( demand in some cases ) to see the reciept.

I contend he does not have the right as money was surrendered for the item, John now owns the item and does not need to prove it to anyone.

My friend says its just easier to give in and it helps the store keep costs down.

I contend it is a surrender of a civil right ( Not being lawyer, I really do not know if it is a civil right ).

My friend says it is not a civil right and "why are you so damn concerned if this guy does his job?"

Anyway this goes on and on, so I figured I get the CC feeling on this.

1. Is John's right being violated?
2. Is it right to have to prove you own something to a complete stranger.

Keep in mind this is a public access store and not a membership like SAMs.

Please let me know what you all think.

Ron61 · #2 (**permalink**) 04-08-2009, 06:45 AM

Tru,

We have a couple of stores that do that to keep shoplifting down. It seems the only time the darned detectors go off is when a person has paid for something and the cashier didn't get the alarm tag canceled. The shop lifters just rip the tags off. I really don't mind as it only takes a second, but I don't know if it is legal or not.

Ron

Wayne Maybury · #3 (**permalink**) 04-08-2009, 07:14 AM

If Best Buy would set up their checkout system better, they wouldn't have to check you at the door as you would have no way to get past without paying. This is what 99% of retail outlets do.

The one that gets me is Costco where they also check your bill before letting you out. I think that all that does is to add one extra salary to the overhead.

Wayne

Ron61 · #4 (**permalink**) 04-08-2009, 07:42 AM

Wayne,

Costco here also checks everything anyone has in a basket against their receipt. All I ever get there is my medicine but I hate waiting in line while they check some business persons two big baskets of stuff to be sure everything is on the receipt. They should have a place for people with just one item to go past this as the store here does an unbelievable amount of business.

Ron

95CobraR · #5 (**permalink**) 04-08-2009, 10:18 AM

It is legal since you are a guest on their property.

Nonetheless, it doesn't bother me one bit for them to check me. When a business loses money due to theft, honest people end up paying more for items.

I remember all of the controverary over wiretaps. If my family can live in a safe place, I'll all for trading some my right of privacy for family security. Of course, I would feel sorry for anyone that would have to listen to my boring phone calls or read my silly emails (cars, blah, blah; girls

, blah, blah; cars, blah; guns...; blah, blah).

SP01715 · #6 (**permalink**) 04-08-2009, 04:39 PM

Well, from my days in law enforcement if I were called to a store where this had happened there would be nothing I could (or would want to) do about it. It definitely is not a criminal situation to walk out of a store with something you have payed for. That said, I don't mind showing my receipt when I leave a store.

Roscoe · #7 (**permalink**) 04-08-2009, 05:33 PM

Several years ago when I was running my PI business full time I got wind of a guy taking orders for tools and would come back with your order. I bought several tools from him and they had Home Depot stickers on them. I contacted the head of security for HD out of Atlanta.

He hired me and I setup surveillance on the guy. We followed him to HD in Hanover, NJ and he and his buddy just walked into the store, filled up two carts, and simply walked out of the store. We busted them in the lot.

Roscoe

Ronbo · #8 (**permalink**) 04-08-2009, 06:02 PM

What kills me is Wal-mart has the self check-out that you know people don't scan everything and the 80 yr old at the door ain't gonna catch it with ten bags of stuff in the cart. Home Depot, same story.

But I guess it's cheaper than the cashier...

Cobrabill · #9 (**permalink**) 04-08-2009, 06:34 PM

Quote:

Originally Posted by Roscoe

Several years ago when I was running my PI business full time I got wind of a guy taking orders for tools and would come back with your order. I bought several tools from him and they had Home Depot stickers on them. I contacted the head of security for HD out of Atlanta.

He hired me and I setup surveillance on the guy. We followed him to HD in Hanover, NJ and he and his buddy just walked into the store, filled up two carts, and simply walked out of the store. We busted them in the lot.

Roscoe

Roscoe-that is what those little magnetic "thingies" are for.I just keep walking.What are they gonna do?At Costco.My wife carries the receipt and again,i keep walking.

Got the Bug · #10 (**permalink**) 04-08-2009, 10:51 PM

Fry's Electronics and Costco are the only two stores that I shop at that check your receipt at the door. If the line at Fry's is backed up at all, I just walk by.

Costco is a different story. It's part of the terms of service that you agree to as a "member" of Costco club. I read a story where someone disputed the requirement at Costco and they just canceled the persons membership. I go to Costco once a quarter, so it's no big deal.

Any other store, I'm walking by any security check at the door.

trularin · #11 (**permalink**) 04-09-2009, 05:49 AM

Remember, this is an item John HAS paid for in a public access store. There are no memberships or specials involved.

computerworks · #12 (**permalink**) 04-09-2009, 07:20 AM

Quote:

Originally Posted by trularin

I am having a debate with someone over the guy at the entrance to Best Buy.

A quick search shows that this has been debated and discussed for years now.

It seems the generic legal opinion is:

Quote:

...retailers are allowed to check your purchases and receipt as long as the search is voluntary and they don't do it in a discriminatory way. Some retailers, such as Costco, spell it out as a condition of membership.

At the Best Buys of the world, the search is voluntary and you can say no to it. If they insist, the store puts themselves in a vulnerable position of accusing you of shoplifting and the possibility of wrongful accusation without cause.

trularin · #13 (**permalink**) 04-09-2009, 09:35 AM

Cool Ron, thanks!

SO as long as you are willing and they ask...it's okay.

Hmmm.

This makes the discussion interesting.

SP01715 · #14 (**permalink**) 04-09-2009, 03:03 PM

Quote:

Originally Posted by trularin

Cool Ron, thanks!

SO as long as you are willing and they ask...it's okay.

Hmmm.

This makes the discussion interesting.

...And if you are not willing you can just keep walking.

jhv48 · #15 (**permalink**) 04-09-2009, 03:23 PM

Instead of debating the legality of whether or not you need to show your receipt to a security person upon exiting a store, perhaps we should debate whether or not we should have to support 14 million illegal immigrants with our tax dollars!

Seems more important, don't you think?

1ntCobra · #16 (**permalink**) 04-09-2009, 03:34 PM

Quote:

Originally Posted by Ronbo

What kills me is Wal-mart has the self check-out that you know people don't scan everything and the 80 yr old at the door ain't gonna catch it with ten bags of stuff in the cart. Home Depot, same story.

But I guess it's cheaper than the cashier...

In case you did not notice, those self check out systems have scales. If you skip scanning an item and just toss it in a bag, the computer will notice, because the weight went up...

Roscoe · #17 (**permalink**) 04-09-2009, 04:59 PM

I'm going to make some popcorn.....

Roscoe