Fourteen-Year-Old Caught Shoplifting

Totally agree, assuming that shoplifting (theft) is the major issue. My concern is Wal-Mart’s random requirement that a customers leaving the store submit to a review of their customer receipt and/or search of their purchases when no indication of theft, either electronically or visually, has transpired. This process has become more and more prevalent as we approach the holiday season. I fundamentally object to having to prove to a door checker that I am not attempting to perpetrate a theft of store merchandise.

One helpful response has been to hand the door checker a couple of pages with the following. The look on their faces is truly priceless! It places the embarrassment and uncomfortable feel of the moment, with the usual line of customers trying to get out of the store, back on the store and unfortunately, the hapless employee……………….

Good Day –

Please be advised the I/we strongly object to Wal-Mart’s loss-prevention policy of randomly stopping customers leaving their stores and requesting to inspect receipts and/or bagged merchandise. I/we can accept such actions if the electronic theft prevention alarm has been activated or Wal-Mart has reason to suspect that I/we have committed theft. However, to simply stop customers leaving the store is the same as accusing the customer of theft and placing the burden on the customer to prove their innocence.

Therefore, please be advised that as no electronic theft prevention device has been activated, then barring your production of valid witness to my/our suspected shoplifting, to include the specific identification of the item/s you suspect me/us of attempting to remove from your store illegally (pursuant to the Texas Code Of Criminal Procedure; Art. 14.01 and/or Art. 18.16), or the physical presence of a law enforcement office who has obtained a valid search warrant (pursuant to the Texas Code Of Criminal Procedure; Chapter 18) or who has so witnessed a suspected theft, I/we respectfully decline your attempt to:

1) Look at or review my customer receipt. If you wish to review my purchase/s, a copy of said receipt is available at your register.

2) To look into or inspect my person, packages or other items.

Pursuant to Texas Business & Commerce Code; Chapter 2, § 2.106, § 2.206, § 2.301, § 2.308 and § 2.312, title to all products, packaging and receipts received from your facility have been transferred to me/us and are therefore now my/our personal property and protected accordingly.

Should you attempt to interfere further with my egress from this store, I draw your attention and serious consideration to the following:

TEXAS PENAL CODE
CHAPTER 20. KIDNAPPING AND UNLAWFUL RESTRAINT
§ 20.01. DEFINITIONS. In this chapter:
(1) "Restrain" means to restrict a person's movements without consent, so as to interfere substantially with the person's liberty, by moving the person from one place to another or by confining the person. Restraint is "without consent" if it is accomplished by:
(A) force, intimidation, or deception;

§ 20.02. UNLAWFUL RESTRAINT
(a) A person commits an offense if he intentionally or knowingly restrains another person.
(c) An offense under this section is a Class A misdemeanor, except that the offense is:
(2) a felony of the third degree if:
(A) the actor recklessly exposes the victim to a substantial risk of serious bodily injury;
(d) It is no offense to detain or move another under this section when it is for the purpose of effecting a lawful arrest or detaining an individual lawfully arrested. (Please read carefully the following attachment!)

I/we do offer you the attached for your individual review and consideration and wish you and yours a very Merry Christmas and a Happy Holiday season!!

Respectfully – L&L

Attachment:

TEXAS BUSINESS & COMMERCE CODE
CHAPTER 2. SALES

SUBCHAPTER A. SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER

§ 2.101. SHORT TITLE. This chapter may be cited as Uniform Commercial Code--Sales.
§ 2.103. DEFINITIONS AND INDEX OF DEFINITIONS. (a) In this chapter unless the context otherwise requires
(1) "Buyer" means a person who buys or contracts to buy goods. (2) Reserved.
(3) "Receipt" of goods means taking physical possession of them.
(4) "Seller" means a person who sells or contracts to sell goods.
§ 2.106. DEFINITIONS: "CONTRACT"; "AGREEMENT"; "CONTRACT FOR SALE"; "SALE"; "PRESENT SALE"; "CONFORMING" TO CONTRACT; "TERMINATION"; "CANCELLATION".

(a) In this chapter unless the context otherwise requires "contract" and "agreement" are limited to those relating to the present or future sale of goods. "Contract for sale" includes both a present sale of goods and a contract to sell goods at a future time. A "sale" consists in the passing of title from the seller to the buyer for a price (Section 2.401). A "present sale" means a sale which is accomplished by the making of the contract.

(b) Goods or conduct including any part of a performance are "conforming" or conform to the contract when they are in accordance with the obligations under the contract.

§ 2.206. OFFER AND ACCEPTANCE IN FORMATION OF CONTRACT.

(a) Unless otherwise unambiguously indicated by the language or circumstances
(1) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances;
§ 2.301. GENERAL OBLIGATIONS OF PARTIES.

The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract.
§ 2.308. ABSENCE OF SPECIFIED PLACE FOR DELIVERY.

Unless otherwise agreed
(1) the place for delivery of goods is the seller's place of business or if he has none his residence;

§ 2.312. WARRANTY OF TITLE AND AGAINST INFRINGEMENT; BUYER'S OBLIGATION AGAINST INFRINGEMENT.

(a) Subject to Subsection (b) there is in a contract for sale a warranty by the seller that
(1) the title conveyed shall be good, and its transfer rightful; and (2) the goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.
§ 2.315. IMPLIED WARRANTY: FITNESS FOR PARTICULAR PURPOSE.

Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.

TEXAS CODE OF CRIMINAL PROCEDURE

Art. 14.01. [212] [259] [247] Offense Within View. (a) A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed as a felony or as an offense against the public peace.
(b) A peace officer may arrest an offender without a warrant for any offense committed in his presence or within his view.

Art. 18.16. [325] [376] [364] Preventing Consequences Of Theft. Any person has a right to prevent the consequences of theft by seizing any personal property that has been stolen and bringing it, with the person suspected of committing the theft, if that person can be taken, before a magistrate for examination, or delivering the property and the person suspected of committing the theft to a peace officer for that purpose. To justify a seizure under this article, there must be reasonable ground to believe the property is stolen, and the seizure must be openly made and the proceedings had without delay.