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Freep KMart on exit-door search policy

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


TOPICS: Constitution/Conservatism
KEYWORDS: 4thamendment; constitution; fourthamendment; illegalsearch; kmart
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To: Sparqi
The best anti-theft program is good customer service. Anyone in retail can tell you that. Greet every customer, be available on the sales floor, and pay attention to customers' behavior, and you will not only sell like the dickens, you will also cut down on theft tremendously. K-Mart has never figured this out; that's why they're not only known for poor service, they now have such a theft problem they actually have to check people at the door.
221 posted on 09/03/2002 6:47:43 AM PDT by paulklenk
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To: alnick
They have a right to make whatever policy that they want.

Not if it's illegal.

222 posted on 09/03/2002 6:47:46 AM PDT by southern rock
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To: sinkspur
"We reserve the right to refuse service to anyone."

P.S. However, what we are discussing is taking place after the store has already accepted the customer's buisness.

223 posted on 09/03/2002 6:50:00 AM PDT by southern rock
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To: southern rock
Dream on.
224 posted on 09/03/2002 6:54:51 AM PDT by Diddle E. Squat
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To: sinkspur
Pick up the trash, paint your house, cut your grass...you won't have any problem.

Tell me how to run my house, and you'll have a problem.

225 posted on 09/03/2002 6:57:36 AM PDT by southern rock
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To: sinkspur
Lester Maddox was a racist idiot who refused to serve blacks.
If I refuse to allow you to shop in my store because you won't allow me to check your plastic sacks or shopping cart before you leave and compare it to the receipt, I am discriminating on the basis of....what?

Ahem...

"We reserve the right to refuse service to anyone."

226 posted on 09/03/2002 7:06:58 AM PDT by southern rock
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To: AGreatPer
Door is always open for you, sir! =o)

I work at store 241 in Pine Bluff, Bill.

227 posted on 09/03/2002 7:11:21 AM PDT by Budge
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To: glory
She's wrong, it is not the only store that does it.

She was talking about the Wal-Mart Stores here. We have 2 Superstores plus one in the county to which I have never been.

All in all, I suppose it depends on the manager

228 posted on 09/03/2002 7:21:47 AM PDT by Kaslin
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To: glory
There again is the snobbish attitude..sigh, you all are making it too easy.

Hey, I worked in retail for a long time. I realize that customers can be absolute demons from hell. There is no shortage of evil, pain in the a$$, vicious, p*ss-poor attitude customers out there. However, I have seen very few theives. And if someone is shoplifting, they are usually not the one's giving 'tude. If the door receipt checker is a store employee, I will blame management, not the employee. However, if the door guy is a private security guard, well, let's just say I have no respect for those clowns. They actually believe they are cops. Pathetic.

229 posted on 09/03/2002 7:24:46 AM PDT by southern rock
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To: glory
www.customerssuck.com

For your enjoyment! :)

230 posted on 09/03/2002 7:26:58 AM PDT by southern rock
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To: glory
Oh bologna. I have never felt like a thief in a Sam's club because thier policy is fairly placed on every customer

You'd do great in a police state where everyone is suspected of being a criminal....

231 posted on 09/03/2002 7:56:39 AM PDT by freebilly
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To: Freedom4UsAll
>>Private business, they can do what they want. <<

Oh really.

232 posted on 09/03/2002 7:58:51 AM PDT by SerpentDove
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To: KneelBeforeZod
Much of that could, if handled 'correctly', be considered Fraud, which carries a much stiffer penalty - this is especially handy when dealing with shoplifting rings :0)
233 posted on 09/03/2002 8:03:50 AM PDT by Chad Fairbanks
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To: sinkspur
I have gone over my Sam's agreement closely nowhere in it is there anything about inspection at the door. I know its store policy that I defacto agreed to, still its not in the agreement.

I don't stop at the door for any other store. If the inventory control beeper goes off I keep on walking. Someone lays a hand on my person to stop me I will defend my self with what ever force is required.

I am not a thief and refuse to be treated as one.
234 posted on 09/03/2002 8:11:53 AM PDT by MSgt Smith
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To: MSgt Smith
I am not a thief and refuse to be treated as one.

You have a huge chip on your shoulder. If you can't see the reason that some stores opt for this practice, then it's no wonder you only made it to MSgt.

235 posted on 09/03/2002 8:19:02 AM PDT by sinkspur
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To: BulletBrasDotNet
I was in Ulta, one of those perfume/cologne places, and had made a purchase.

I was starting my car and one of the "managers" ran out, wrote down my license tag number, and said "Can you wait here till the police arrive?" She had gone to one of the shelves and found an empty cologne box, and utilizing her magnificent powers of deduction, figured I had stolen its contents.

Not having stolen anything, I knew I could drive away with impunity. But I decided to stick around, for kicks.

I waited a few minutes, then got tired of waiting. So I went inside and presented my purchase to her underling, witnessing her shocked expression. The police had been called and were on their way (har har),

I demanded a full refund, and when the underling asked why, I told her that I had never beentreated so rudely in my life, and had been accused of theft.

Had I been in a worse mood, I would have shown up the next day to file an official complaint to the higher-ups. But I got my grins, anyway.

236 posted on 09/03/2002 8:20:41 AM PDT by SerpentDove
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To: KneelBeforeZod
That was funny, but they will hire the handicapped and a lot of the elderly. Not bad folks at all and it is a great place to learn the respect of a job and how to remain employed, because they DO overlook a lot.

I know of some kids who had troubles and they gave them a chance.
237 posted on 09/03/2002 9:15:20 AM PDT by A CA Guy
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To: facedown
In late 1998 or early 1999 an off duty Maryland State Police Officer leaving Sam's Club was stopped at the door by a 60 something grandmother and asked to see his reciept. Despite being a regular customer, and knowing that a glance at the receipt and the contents of his cart were SOP, he threw a fit. When the lady placed her hand of the gentleman's forearm he started screaming "help, I'm being assaulted". The last I heard the grandmother was still in court over the event.
238 posted on 09/03/2002 9:28:11 AM PDT by eloy
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To: DC native
LOL, you are bad. Out here in CA if we go to the swap meets, we find that instead of little stores as they used to be in the 80s, they are now like we have stepped in-part right into Mexico.
239 posted on 09/03/2002 9:30:20 AM PDT by A CA Guy
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To: A CA Guy
Don't flatter yourself intop believing anyone remembers you at Frys. too many people. [...]

Uh, I don't. When did I imply that I thought someone at Fry's would remember me?

I have no idea what you're trying to tell me.

240 posted on 09/03/2002 9:35:53 AM PDT by Dr. Frank fan
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