Posted on 09/02/2002 3:02:49 PM PDT by Sparqi
Recently I was stopped on my way out of KMart by an employee asking to see my receipt and contents of my bags. I asked if I was suspected of doing something illegal to which he replied, "No, it's just our policy to match purchases against your receipt." I told him that unless he had reasonable cause to believe that I'd done something illegal there was no way I was going to let him inspect either one. To his credit, he did not press the issue and allowed me to leave.
The practice of door-checking seems to have started at either Fry's Electronics in California or perhaps at PriceClub/Costco. In the latter case they can enforce the inspection policy because there is actually a clause in the Costco membership agreement which specifically states that a condition of membership is granting them the right to inspect as you leave. (This is why I don't have a Costco membership.) Fry's has been doing inspections for some time, giving rise to the perjorative term "Door-Nazis". Many people such as myself simply walk by the checkpoint and refuse to stop, since Fry's is not a membership store. Essentially they take advantage of your good nature and ask you to voluntarily waive your freedom (and your dignity) to help them control their shrinkage.
Until recently the Fry's policy was really a local issue, confined to California and some western states; so I never really pursued any activism against them...aside from personally advocating to other people that the practice was an insult and explaining that while Fry's can of course *request* that you stop and allow inspection that they cannot *force* you to stop if they don't have probable cause. Now that KMart is doing this, I think it's national enough to warrant a Freep. Here's what I'm proposing:
1. Make it a point to not be cowed into consenting to the search. If they ask to inspect your purchases, ask them if they suspect you of doing anything illegal. This establishes that they do or don't have cause to stop you. Remember; once you've paid for your purchases and they've accepted the payment, you are carrying personal property and they have cannot search you unless they have probable cause such as evidence of shoplifting.
2. If they admit that they don't have cause, tell them you don't consent to being searched and leave. If they press the issue, remind them that the Fourth Amendment guarantees your right against illegal searches. (Sometimes this is hard to explain, because the checker is not an American citizen.) If they try to restrain you, don't fight them or put up a physical struggle. Ask to speak to the most senior manager of the store immediately. Point out to him or her the illegality of the situation and ask if they're prepared to defend their actions in a court of law.
3. Instruct your friends/family/co-workers on the issue. Make sure they understand that what KMart is doing is an insult and a violation of their basic rights.
...dtw
If I did lose sight of them for a brief period of time, I would stop them politely and ask them where they left the item (with the excuse of "inventory control", etc...) and ask them to show me where they put it, so it could be returned to the right place...
Often, it was enough for me to stop a person and say, "Hi. I'm ****** security, would you please give me that pack of cigarettes that you put in your pocket/backpack/purse etc...
Bottom line was, I only initiated stops when I was 100% sure the person was doing something criminal... and I never searched them. Not my job. If they didn't voluntarily hand the item over (which would mean they get a "civil" charge of $100.00 plus cost of the item, and no criminal charge) then the police would come in, I'd tell the cops where the item was ("Can of Skoal, Right coat pocket", etc...) and let the LEOs make the decision whether to process them... Usually, just the threat to call the cops was enough to make them more cooperative, but some were stubbrn idiots who told me to call the cops, and then they went to jail for outsatnding warrants... idiots... :0)
Just think - you've made the place so nice, everyone wants to live there. (And just imagine all of the kickin' Mexican restaurants opening near you!)
After a while, you could tell who was a thief, and who just made a mistake...
Well, don't forget to brush your tooth before you go to bed!
Also, keep in mind that in this state, they'd be hard-pressed to prove theft if there was an unpaid for item in the bag - if they didn't see you select it and conceal it, they have no case. For example, if the clerk forgot to ring an item up but bagged it anyway... it's happened...
The most they could legally do would be to take the item back, and maybe if they are feeling especially froggy they could give you a trespass notice that would get you arrested if you ever came back...
This way, the market works as intended. The store says, "This is our policy" and the customer can say "Yes, I agree with that, so I'll shop here." or "That's bogus. I'll go where I'm not treated like a criminal just for shopping here..."
If stores took reasonable steps (such as posting signage outside near the entrances, explaining their policies), there'd be a lot less people bitching :0)
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