Please point out where I said that I thought the guy should be hauled off in handcuffs. I’m talking about the bag-checking, nothing else.
Crooked employees? I should be forcibly restrained because the store has hired crooked employees?
When I purchase something, an agreement has been reached. An exchange of money for goods or services has taken place. The items then belong to me, and absent a charge of theft, I am in no way compelled to prove it.
Well that’s interesting. That certainly would seem to cover checking bags on the way out, except that it seems to require that someone is suspected of shoplifting and most customers leaving the store are not. However, once you’ve brushed by the person checking bags would that be enough reason to suspect and investigate by checking a bag? Seems like it would be.
Stores are willing to find methods that are the least offensive for customers but I don’t think it’s unreasonable to ask customers to cooperate or at least be understanding of their position.
What’s undue restraint. The CC employees were blocking the car and standing in the open door but not touching the person so I guess they were within the law.
Ahhhhhhhhhhh good point.
Fair enough, you didn’t say that. Sorry.
And in truth, normally if someone asks to check my bags at a store I don’t object - I am not a thief, I have nothing to hide. But I have found myself getting more and more annoyed, since no-one ever says “Oh, all seems in order sir. Sorry for falsely implying that you might be a criminal. Have a nice day!”
I just hope I don’t ever hit the tipping point like Mr Righi.
No probs.
Here’s a thought - suppose I were to insist on searching my buddies when they left my house after a visit, just to make sure they hadn’t stolen any of my property.
I’m not sure about the legality of that, but it would certainly be the fastest way to ensure that I didn’t have many friends.
The question for me is “What is the proper way to object?”
The way the guy in the article did or by communicating with the store management and home office?
Yup, and if someone wants to stop going to Circuit City because of this policy, go right ahead.
Indeed. But the question of the legality of CC employees actions is not trivial.
I’m concerned about rights being eroded as well. It takes mutual consideration, communication and cooperation to prevent that. I don’t think that’s what this guy did. He could have explained his objection to the CC employees and not called 911.
Isn’t there a word for being detained against your will without any legal reason for the detainment?
I think I’ve heard of cases where refusing to allow someone to leave when you have no lawful authority to detain them is referred to as kidnapping.
It seems to me he that articulated his position quite well to the employees, who were, in fact, preventing him from leaving. He called the police because he was being illegally restrained. All they had to do was get out of the way and no call would have been made.
Ah, so according to you, being falsely accused of a crime is a right that doesn’t matter. I’m glad he “chose to make trouble for the store employees” over that. And I hope he gets to take the store to the cleaners if they don’t settle out of court.
Here’s a Texas statue defining unlawful restraint. Cite. The pertinent bit :
I was unaware that wanting to check someone’s bag is falsely accusing them of a crime.
He called 911 because he (and his family) were being illegally restrained in a parking lot. He was not charged with any offence relating to his refusal to submit to a search by CC employees. In fact, the only thing he was charged with was based on highly dubious grounds, to say the least.
He did explain his position to CC staff, who asserted a legal right that, it seems, they did not have.
Legally, I don’t know - IANAL.
Morally, yes - absent any probable cause to believe he had stolen something, it does amount to a false accusation of theft.
Let’s remember that, once he paid at the checkout, the goods were his.
What other reason is there, other than they suspect that you may have stolen something? Surely they would not check the bag if they *knew *there were no stolen goods inside. What if they demanded to see the receipt for the brand new sneakers on your feet? Would you go home and bring it back to them?
Absent prior consent, as in the Costco example, customers are under no obligation to help out the store with its security problems.