Posted on 12/22/2012 5:17:32 PM PST by traumer
And then you get your butt thrown in jail.....How’s that Einstein? Ever hear of Concealed Carry?....
You know what I’m talking about....Your at the mercy of corrupt, liberal, gun grabbing, 2nd amendment hating judges......Sarcasm is a liberal trait.....
Re-read my post #114 and read my post #116 for detail....
It outlines a general case on state law and the general premis...noting it varies by state...
Not producing a receipt or refusal to search your bags has never viewed by the courts as reasonable suspicion....
Having reviewed case law in this area, I’m quite familiar.
You still haven’t made a point yet but at minimum you appear to understand some of the basic limitations of what the store can and cannot do during a security check.
The unwarranted search at the door is voluntary, not mandatory. They ask, and the majority comply without question.
You appear to fall into that group; then once I challenge your belief, become defensive.
If you refuse to the search, are you arrested? Detained? Have your ID checked? Not without cause and refusing to let them search your bag is not cause.
We don’t extend that kind of authority to real Law Enforcement.
Get pulled over for a traffic ticket, the cop may ask you if he can search the car, you have the right to say no and unless he arrests you for cause or obtains a warrant (varies by state) your car won’t be searched.
These same rights extend to you person (lots of case law here) albiet the Supremes and lower courts allow certain search after arrest for the protection of the officer.
Don’t forget, LEOs have legal protection from being sued individually for their action (limitations apply). This does not extend to store personel nor the store.
For their protection, as you correctly stated, they must directly observe the theft. If they don’t but have a highly suspicious individual, they will employ a variety of techniques to cause them to drop and run. Equally useful, they may confront the “shopper” and question them (but not detain them). Many of “shoppers” will give up when confronted.....some just run...
But in the end, it is your “right” to refuse a search of you or your possessions without a legally obtained warrant executed by a certified LEO. The store has no legal standing in this area, only voluntary compliance by it’s shoppers....
You don’t shop at Best Buy, do you? If you did, you would know that not all transactions occur “three steps from the door.” I’d like to see you strut your big-shot attitude at a Costco some day.
First, the Best Buy by me is configured so the registers are near the door. The security door desk is right there.
It’s an old store so your store may be configured differently. Regardless, after you leave the register, you do re-enter retail space.
Costco is not a retail store but a membership club....totally different and outlined in my posts #114 or #116....
Cyber Liberty is the name you chose? Perhaps you didn’t understand it’s meaning when you picked it...
Liberty, freedom and constitutional rights are not “Big Shot” (whatever that means) attitudes....
Naw, needlessly demanding rights where it’s not consequential is a “big-shot” attitude, and you have it. You sound just like the harpy at the heart of this story, the “Councilwoman.” I thought it was funny to see you criticize my name, by the way.
Big-shot. Meh.
Funny, I thought your choice of a name was more amusingly pathetic..... A true FINO (Freeper In Name Only)
Obviously you didn’t read my posts as I requested, you’re not interested in civil discourse...Your initial post was strictly a personal attack without substance to the issue at hand.
Instead of elevating the discussion, you prefer to denigrate those involved in the discussionas as if that brings any substance or demonstrates your inate intellegence.
Good luck with that, obviously us mere mortals seem to annoy you.
Not here in Texas my FRiend. Conceal Carry is just one big of the reasons there are darn few riots or carjacking in Texas.
Not here in Texas my FRiend. Conceal Carry is just one big of the reasons there are darn few riots or carjacking in Texas. Da Bruthas don’t mind if you get shot, but its a far different story when the shoe is on the other foot, ask trayvon.
“Not here in Texas my FRiend. Conceal Carry is just one big of the reasons there are darn few riots or carjacking in Texas...... Da Bruthas don’t mind if you get shot, but its a far different story when the shoe is on the other foot, ask trayvon.....”
I believe it....I’ve seen videos of “Bruthas” hauling it when someone pulls a gun on them.....
In some states your concern with the courts may be well founded. Although..... there is nothing to say when a Reparations Collector starts on you that they will only knock you around and little and figure that’s enough. I would rather carry 100% and take my chances with the court.
they can, and will, detain you until a drug sniffing dog arrives and if the dog "hits" you will be subject to the search whether or not you approve
Hey we agree...that’s what I just stated.... The dog’s hit constitutes probable cause and the issuance of a warrant signed by a judge....
Then they will search your vehicle.....
Just taken a break from constructing little kid toys for later this AM....
Merry Christmas!
Merry Christmas to you too...I'm well past the putting toys together stage My kids want their gifts parked in front of the house!!!!(not really)....little kids are the very best time of your life....treasure every moment that you can..think about the tragedy that just befell the people in Conn. and squeeze your little ones a bit tighter.....Merry Christmas !!!!!!!!
Indeed, we are all very fortunate....
I remember the old adage....
“I used to complain that I had no shoes, until I saw a man with no feet”
I have both adult children and little ones, ages 27 to 6 years old....I now have a grandchild who is 6 months old and this was his first Christmas.....
I wish you and your family a prosperous and Happy New Year.....
Now, I’m off to Best Buy to purchase something :^)
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.