copperwindow:
For further edification, if I pretend to steal, but still pay for my items, cn a store detain me? For instince, if I have a shady look and put a can of soup in my coat and pay for it and put it back in my coat, can the store detain me for having a can of soup in my coat and no reciept?
Some states IIRC can detain and or arrest based on “concealing merchandise upon your person” which is one of the probable cause guidelines mentioned in many prior posts.
Washoe
April 9, 2007, 2:26am
62
Which, by the way, is nonsense. I’ve tested them a zillion times to see if they’re on their toes. Every time I pay separately for two items or two groups of items, I shove it all in one cart and only show the esteemed receipt-checker one receipt. They’ve never caught it.
In Virginia, as I am sure I mentioned in one or more of the links provided above, the activation of a door sensor is itself probable cause.
§ 8.01-226.9. Exemption from civil liability in connection with arrest or detention of person suspected of shoplifting.
A merchant, agent or employee of the merchant, who causes the arrest or detention of any person pursuant to the provisions of §§ 18.2-95, 18.2-96 or § 18.2-103, shall not be held civilly liable for unlawful detention, if such detention does not exceed one hour, slander, malicious prosecution, false imprisonment, false arrest, or assault and battery of the person so arrested or detained, whether such arrest or detention takes place on the premises of the merchant, or after close pursuit from such premises by such merchant, his agent or employee, provided that, in causing the arrest or detention of such person, the merchant, agent or employee of the merchant, had at the time of such arrest or detention probable cause to believe that the person had shoplifted or committed willful concealment of goods or merchandise. The activation of an electronic article surveillance device as a result of a person exiting the premises or an area within the premises of a merchant where an electronic article surveillance device is located shall constitute probable cause for the detention of such person by such merchant, his agent or employee, provided such person is detained only in a reasonable manner and only for such time as is necessary for an inquiry into the circumstances surrounding the activation of the device, and provided that clear and visible notice is posted at each exit and location within the premises where such a device is located indicating the presence of an antishoplifting or inventory control device.
copperwindow:
Let’s say I go into a drug store and buy a razor. When I get to the door to leave, a security guard asks to see a recipt, do I need to show him one, or can I refuse and just leave? Another words, is the burden of proof on him to show that I didn’t buy it, or is it on me to show I did?
For the sake of argument, let’s flip the coin and now You own the drug store and I buy a razor.
Now YOU explain why, to me, that I should show him a receipt as proof of purchase?
When the shoe is on the other foot things look a whole lot different!
