Detained for Not Having a Receipt

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Quoting cbg

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I ask again, what are your financial damages?

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I was unlawfully detained and falsely imprisoned. I was not free to leave and had not been shoplifting. They basically held me hostage, illegally

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Quoting jk

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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.

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They forced me back into the store. I did not willingly go.

As cdwjava indicates, their version could very well be that they asked to see your receipt and, after you could not produce it, that you voluntarily cooperated with them when they sought to verify your purchase.

What evidence would there be that you were not voluntarily cooperating? (I expect there will be a surveillance video.)

How many minutes are we talking about?

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Quoting Sunshine79

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They forced me back into the store. I did not willingly go.

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They wrestled you to the ground? Put you into handcuffs? Physically dragged you inside?

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Quoting Sunshine79

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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.

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Who told you that?!?!

A visual observation might be STORE policy, but the law does not make personal observations OR leaving the store a requirement in order to establish probable cause!

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Quoting Sunshine79

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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.

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Once again ... how much are you willing to spend to roll the dice? A civil suit will run you AT LEAST $20,000 for an attorney's retainer. Without actual damages, a Small Claims action is nearly impossible. So, your options here are very limited. Perhaps stop shopping at Wal-Mart?

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Quoting Sunshine79

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I was unlawfully detained and falsely imprisoned. I was not free to leave and had not been shoplifting. They basically held me hostage, illegally

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And THEY will say you were NOT detained, you were certainly NOT arrested, you consented to a search of your bags and voluntarily went to the office.

Your word versus theirs.

But, as cbg asked, what are your DAMAGES? That is, how much money to make you whole? It will cost you thousands of dollars to roll these dice ... if you have money to burn, give it a go. If not, think twice.

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They forced me back into the store. I did not willingly go.

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So YOU say. No cuffs, no hands on, no beat down ... and likely their word that they asked you to return to the office.

They can ask or direct you to do anything. What they do if you decline and try to leave is the crux of the matter.

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Quoting Mr. Knowitall

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As cdwjava indicates, their version could very well be that they asked to see your receipt and, after you could not produce it, that you voluntarily cooperated with them when they sought to verify your purchase.

What evidence would there be that you were not voluntarily cooperating? (I expect there will be a surveillance video.)

How many minutes are we talking about?

They wrestled you to the ground? Put you into handcuffs? Physically dragged you inside?

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When I could not produce the receipt, they did not have the right to stand in front of me and demand it and search my bags. They kept saying We need the receipt, we need the receipt, which is totally untrue. I didnot have to show them anything. When I told them that I lost my receipt, by law I am allowed to keep walking. The only time they are allowed to detain me any longer is if they actually saw me steal something and leave the store with it. I went back into the store because I was intimidated and afraid that they would call the cops on me. They did not touch me, but they tell me that I had to clear everything with the store manager before leaving

I'm still curious...

Where did that receipt go?

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Quoting harrylime

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I'm still curious...

Where did that receipt go?

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That's what I'm wondering. I honestly have no idea. My 2 year old daughter was with and she drives me crazy half the time. I'm thinking I mistakenly threw it in the garbage when I threw some paper in there on my way out

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Quoting cdwjava

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Who told you that?!?!

A visual observation might be STORE policy, but the law does not make personal observations OR leaving the store a requirement in order to establish probable cause!

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Once again ... how much are you willing to spend to roll the dice? A civil suit will run you AT LEAST $20,000 for an attorney's retainer. Without actual damages, a Small Claims action is nearly impossible. So, your options here are very limited. Perhaps stop shopping at Wal-Mart?

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And THEY will say you were NOT detained, you were certainly NOT arrested, you consented to a search of your bags and voluntarily went to the office.

Your word versus theirs.

But, as cbg asked, what are your DAMAGES? That is, how much money to make you whole? It will cost you thousands of dollars to roll these dice ... if you have money to burn, give it a go. If not, think twice.


So YOU say. No cuffs, no hands on, no beat down ... and likely their word that they asked you to return to the office.

They can ask or direct you to do anything. What they do if you decline and try to leave is the crux of the matter.

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They had no personal observation of me stealing anything. The store alarm didn't even go off when I went through. They detained me inside of the store instead of outside, which is also illegal. They kept demanding the receipt, basically bullying me, which is also illegal. They searched my bags, which is also illegal because they didn't have probable cause.They did not physically restrain me but they did intimidate me into going back into the store. All of that is illegal. I did not have to prove anything to them. I had the right to walk away and not be stopped

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Quoting Sunshine79

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When I could not produce the receipt, they did not have the right to stand in front of me and demand it and search my bags. They kept saying We need the receipt, we need the receipt, which is totally untrue. I didnot have to show them anything.

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Yet, instead of leaving, you allowed them to search your bags.

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When I told them that I lost my receipt, by law I am allowed to keep walking. The only time they are allowed to detain me any longer is if they actually saw me steal something and leave the store with it.

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Not true at all!!!

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I went back into the store because I was intimidated and afraid that they would call the cops on me. They did not touch me, but they tell me that I had to clear everything with the store manager before leaving

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Okay, let's put it succinctly ... let's say we agree that the store had no right to detain or arrest you. Let's go further and say that we believe the store intimidated you! Now what!??? A civil suit will STILL cost you thousands of dollars for a retainer, and you will still have to deal with what will almost certainly be a different tale from them. Since no force was used, a reasonable argument will likely be made that your actions were voluntary. How do you intend to overcome that?

did you ever notice walmart doesn't have trashcans inside the store where people can throw things away? Gee, I wonder why that is.

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I went back into the store because I was intimidated and afraid that they would call the cops on me.

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so? If you didn't steal anything, what would be the problem with the cops coming? Ya see, management can go to the register you claim to have paid for the merchandise and review the sales. There is also video recordings of you at the cash register. By your claim, both of those would exonerate you so what difference would it make if they did call the cops?

There's probably nothing you can do other than take your business somewhere else.

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Quoting Sunshine79

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They had no personal observation of me stealing anything. The store alarm didn't even go off when I went through. They detained me inside of the store instead of outside, which is also illegal.

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You keep saying that as if it is true! It is NOT true. It may be Wal-Mart policy to have visible observation of the theft, but, it is not the LEGAL requirement to establish probable cause at all.

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They kept demanding the receipt, basically bullying me, which is also illegal. They searched my bags, which is also illegal because they didn't have probable cause.

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And they will say that you gave them your consent!

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They did not physically restrain me but they did intimidate me into going back into the store. All of that is illegal. I did not have to prove anything to them. I had the right to walk away and not be stopped

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And, again we go back to the questions above ... how much are you willing to spend to roll the dice?