Does setting off a store EAS alarm equal probable cause to seach?

[TraumaFromTarget]

I had a situation at K-Mart recently. My wife had bought a big bottle of aspirin from another store, and they didn't deactivate the security tag. She kept it in her purse, and it set off the door alarm at K-Mart. The lady asked to see her receipt and searched her bag. When nothing was found that would set the alarm off, she asked my wife if she had anything in her purse. My wife cooperated and it was determined it was the bottle of aspirin and that was that.

So my question is, had my wife said that they couldn't look in her purse, would they have had probable cause to detain her? Also, do they have the legal right to check your receipt and bags? Thanks

[Mr. Knowitall]

You mean probable cause to detain?

Store alarms go off inappropriately, often due to such things as a cashier's error, that I would hesitate to recommend a store policy of detaining a suspected shoplifter just because the alarm went off. But I think, under appropriate circumstances, it could provide a valid basis to detain a suspected shoplifter until the police arrived to investigate and possibly perform a search. Laws vary by state.

[TraumaFromTarget]

Yeah, I also had another situation where Toys R Us didn't deactivate a tag on a shirt I bought my son. We left Wal Mart one day and it set off the alarm. When they guy couldn't find anything on me or in my bags that would set off the alarm, he asked if my son had anything. I said if he touched my son I would knock him out, and he quickly let us leave.

[bam!]

Trauma/Target:

I have to say that you have alot of problems with store security measures. That being said, you also seem to know a fair amount about the measures - or think that you do.

To answer your question, if you were in the state that I reside in, you would be subject to this law if you activated an EAS pedastal.

A merchant, agent or employee of the merchant, who causes the arrest or detention of any person pursuant to the provisions of §§ 18.2-95, 18.2-96 or § 18.2-103, shall not be held civilly liable for unlawful detention, if such detention does not exceed one hour, slander, malicious prosecution, false imprisonment, false arrest, or assault and battery of the person so arrested or detained, whether such arrest or detention takes place on the premises of the merchant, or after close pursuit from such premises by such merchant, his agent or employee, provided that, in causing the arrest or detention of such person, the merchant, agent or employee of the merchant, had at the time of such arrest or detention probable cause to believe that the person had shoplifted or committed willful concealment of goods or merchandise. The activation of an electronic article surveillance device as a result of a person exiting the premises or an area within the premises of a merchant where an electronic article surveillance device is located shall constitute probable cause for the detention of such person by such merchant, his agent or employee, provided such person is detained only in a reasonable manner and only for such time as is necessary for an inquiry into the circumstances surrounding the activation of the device, and provided that clear and visible notice is posted at each exit and location within the premises where such a device is located indicating the presence of an antishoplifting or inventory control device. For purposes of this section, "electronic article surveillance device" means an electronic device designed and operated for the purpose of detecting the removal from the premises, or a protected area within such premises, of specially marked or tagged merchandise.

Most stores do not have this at their entrances (my company does) but in order to satisfy the requirements of the law, they must inform people that #1, they use CCTV and #2 if they have EAS, that they use it etc etc.

[TraumaFromTarget]

"only for such time as is necessary for an inquiry into the circumstances surrounding the activation of the device"

What exactly does that mean?

[aaron]

It sounds like, under that state's laws, it means that security can detain the person long enough (within reason) to find out if they have items they didn't purchase, if the cashier forgot to remove or deactivate a theft-prevention device, if there was a mechanical failure, or if there was some other reason the alarm went off.

[IAAL]

Trauma/Target:

I have to say that you have alot of problems with store security measures.

My response:

You took the words right out of my mouth!

Just wait until this guy gets stopped at Sears - - it'll make these other detentions and stops look like a "walk in the park." Talk about "swarms"! At the rate this guy is going, Sears should be next week. Stay tuned . . .

Also, on a legal/personal note, it's my opinion that Bam! is providing an invaluable service and insight to us, and the public, of these internal security machinations. I want to say "thank you."

IAAL

[TraumaFromTarget]

My response:

You took the words right out of my mouth!

Just wait until this guy gets stopped at Sears - - it'll make these other detentions and stops look like a "walk in the park." Talk about "swarms"! At the rate this guy is going, Sears should be next week. Stay tuned . . .

Also, on a legal/personal note, it's my opinion that Bam! is providing an invaluable service and insight to us, and the public, of these internal security machinations. I want to say "thank you."

IAAL

Lol, there are about as many Sears left here as there is Long John Silvers. Acutally, I hear Robinsons/May is the worst. If your caught with your child, they will call CPS to come pick them up.

As to why I shop so much, its a combination of having 3 kids with different needs, and being a reseller.

[bam!]

Most stores do not have this at their entrances (my company does) but in order to satisfy the requirements of the law, they must inform people that #1, they use CCTV and #2 if they have EAS, that they use it etc etc.

Next time you go into a store which uses EAS and/or cameras, look on the front doors and see if they notify the public with signage, if not, they could be in violation of the law.

Like I said before, I am not out to get anyone, just to help people (shoplifters and LP alike) and provide a good reputation for my myself/company and industry.