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What about those of us who didn't steal anything?

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  • 08-04-2005, 10:19 AM
    darwhite
    What about those of us who didn't steal anything?
    Just curious if anyone has any words of advice on this one. I have, on several occasions, been chased out of stores because the security sensor went off when I was leaving. After being forced back into the store, my bags searched and checked against my receipt, I am allowed to leave. The cashier just "forgot" to deactivate the sensor. I know I am not alone in this. I've seen it happen all the time. It's annoying, embarassing, sometimes threatening, and just seems...well...illegal.

    Is the sensor alarm going off, in and of itself, probable cause to detain me and search me belongings? I had always throught they needed witnesses, had to know what the merchadise was, etc.

    A side note, I live in Chicago where this is rampant in every store. What about those stores that make you wait in line to pay, and then force you to stand in line AGAIN at the door to have your reciept and items checked at the door. I thought once I paid, I was free to leave with my purchases.

    I realize stores lose millions on shoplifters, but why should I be treated like a criminal when I have done nothing wrong. They should up their surveillance, not confine people at the door.

    Just wondered if this had been tested anywhere. Thanks.
  • 08-04-2005, 10:23 AM
    legaleagle
    Well if a sensor goes off, than they have a reason to believe that you potentially stole something. In that situation instead of upping surviellance, they should train their check out clerks to be consistent at removing those security devices.
  • 08-04-2005, 10:57 AM
    darwhite
    POTENTIALLY stole something?
    That argument sounds really weak and I'm not sure if I buy it.
    If the system worked on potentials, we'd all be in jail.
    Just because I could "potentially" have committed a crime, does not show probably cause that I did indeed do it.

    The only action leading one to believe a crime was committed, is the store's own inability to manage its own system. Their own actions have lead them to believe that I have "potentially" committed a crime, not any of mine.
  • 08-04-2005, 03:10 PM
    legaleagle
    Well what do you think they should do if a magnetic tag goes off when you go through the sensors? Give you a ticker tape parade? Stores are private businesses, if you do not like the way you are treated at that store, stop shopping there and write letter informing them why you are no longer giving them any business.
  • 08-04-2005, 06:25 PM
    darwhite
    Ticker Tape Parade??
    My question was, and still remains, is the sensor going off in and of itself probable cause to detain someone against their will when they have no other evidence that shoplifting occured?

    Being trated rudely isn't a tort, lucky for you. Being detained, however, most certainly could be. Seriously, if someone were the victim of police brutality, would you tell them to just expatriate and find another country? Same argument.

    Does this legaleagle guy represent this forum in some way?
  • 08-04-2005, 06:35 PM
    rach918273
    You plan on leaving the country becuase you got stopped in a store for a sensor going off?? You dont really make much sense
  • 08-05-2005, 12:02 AM
    legaleagle
    First off all this Legaleagle guy is a girl. I do not represent this site, I am merely a user of it like you.

    Second, I answered your question initially. You did not agree with my opinion and stated that "you did not buy it." In my jurisdiction, yes, a store has the right to stop you if the sensors go off. That is what the sensors are for. If you think that is invasive, having security trail each and every person in the store would be a heck of a lot more invasive.

    Furthermore, if you resist or take off after the sensor goes off, the police will likely be called, raising your chance of being arrested. Again, if you do not like how a store is treating you, don't shop there.

    If you want to shop there, or have to shop there, than you are going to have to resign yourself to the hassle of being stopped if the sensors go off.
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