Detained for Not Having a Receipt

My question involves civil rights in the State of: California

I purchased a few products from Walmart a few days ago and lost my receipt. As I was leaving the store, I told the security guards that I could not find my receipt. They insisted that they needed a receipt. They even looked in my bags. Finally, they ordered me to go back into the store and clear everything up with a store employee. I did that and was allowed to leave. I complained about this to Walmart s corporate office and later received a call from the store manager saying that the security guards had a right to see my receipt, search my bags and take my merchandise from me for not having my receipt because it's store policy. I don't believe him at all and am planning on filing a lawsuit for unlawful detainment. Do I have a strong case?

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Quoting Sunshine79

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My question involves civil rights in the State of: California. I purchased a few products from Walmart a few days ago and lost my receipt. As I was leaving the store, I told the security guards that I could not find my receipt. They insisted that they needed a receipt. They even looked in my bags. Finally, they ordered me to go back into the store and clear everything up with a store employee. I did that and was allowed to leave. I complained about this to Walmart s corporate office and later received a call from the store manager saying that the security guards had a right to see my receipt, search my bags and take my merchandise from me for not having my receipt because it's store policy. I don't believe him at all and am planning on filing a lawsuit for unlawful detainment. Do I have a strong case?

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This not a civil rights issue, first off. It was not the government that interfered with you in any way.

They will likely say that they asked you to go to the office and you agreed. If they had somehow manhandled you or had you arrested if you tried to leave, then maybe you'd have a case. As it stands, I'm not sure you have much of a case.

So, if you are suing for some form of unlawful detention, you are intending to file in Superior Court, correct? How much has your attorney asked for a retainer? $20,000? $25,000? More? Less? And if you are thinking of Small Claims Court, what are your damages? Having your feelings hurt is not a Small Claims issue.

I am not legally obligated to show them a receipt. Showing my receipt is completely optional. They demanded that I show them a receipt and then forced me to go back into the store to clear it with an employee, which is not legal. You can only detain someone if you have probable cause of them shoplifting. Not having a receipt is not probable cause for detaining someone. I did not sign any membership contracts with Walmart agreeing to be stopped and searched at anytime

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Quoting Sunshine79

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I am not legally obligated to show them a receipt. Showing my receipt is completely optional. They demanded that I show them a receipt and then forced me to go back into the store to clear it with an employee, which is not legal. You can only detain someone if you have probable cause of them shoplifting. Not having a receipt is not probable cause for detaining someone. I did not sign any membership contracts with Walmart agreeing to be stopped and searched at anytime

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You are 100% wrong.

When you try to leave the store with merchandise and you don't have a receipt the presumption is that you stole it.

Nobody in their right mind is going to believe that you lost your receipt between the cashier where you paid for it and the door you tried to walk out of.

Nobody did anything wrong to you.

Get over it.

PS: Feel free to sue and make yourself look like an idiot in court.

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Quoting Sunshine79

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I am not legally obligated to show them a receipt. Showing my receipt is completely optional.

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True. But, did they drag you into a back room? They did not use any force and I suspect their side of the tale will be that they asked you to talk to an employee to resolve the issue. But, if you can prove you were threatened with violence or arrest, MAYBE you might have a case for a civil suit ... but it will still cost you a pretty penny to get a shot at it.

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You can only detain someone if you have probable cause of them shoplifting. Not having a receipt is not probable cause for detaining someone. I did not sign any membership contracts with Walmart agreeing to be stopped and searched at anytime

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So, how much is your attorney asking for? Understand that it will cost you a LOT of money up front to sue Wal-mart, and this not a case that is guaranteed any sort of payout. And this is not a Small Claims case.

Okay.

What are your financial damages?

Seems like you're the idiot. In the state of California, store merchants have to actually see you steal the merchandise and leave the store before detaining you.That is probable cause. You cannot detain someone for losing their receipt. That is not legal.

Actually they do not have a right to detain you and demand a receipt unless they are accusing you of shoplifting. If you paid for the merchandise you are correct that it is yours.



I suspect the truth of the matter is they believed you had been shoplifting. If you willingly allowed them to search your bags and whatever else you did willingly, it removes the unlawful detention issue.

I have not gotten an attorney. I am thinking about filing a lawsuit. They stood in front of me blocking my path, demanding the receipt. They told me to show them what was in the bag and then ordered me back inside. They forced me to do all of this over a little receipt. I was not free to leave until I cleared it up with a store employee. I was intimidated by them but I didn't want to cause a scene or have the cops call on me, but they had no business stopping me and ordering me to go back into the store. That was a violation of my rights.

I ask again, what are your financial damages?