Freep KMart on exit-door search policy

[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

[vikingchick]

That's because Martha Stewart is their spokeswoman, so they assume everybody is a criminal. :)

[facedown]

Sam's Club has been doing this forever.

[KantianBurke]

Best Buy as well

[RedsHunter]

I agree with your position. If I do not like to shop at retail outlets where I will be asked to confirm the contents of my shopping bag against my receipt, I can stop giving that outlet my patronage. Moreover, in fairness, I also should let them know that that is why I will no longer be their customr.

[babylonian]

I was in K-Mart an hour ago. No problem. No search. Must be your neighborhood.

[alisasny]

I am going to do this if it happens again. I am constantly stopped at our local Target store and find it pathetic as the person at the door has clear view to the checkers...

In addition I worked in retail for a very long time and let me tell you, shoplifting is on the lowest scale of the totem pole. In fact it is so obtuse that to get convicted of it is near impossible and a store never gets its stolen property back. I liken it to a street punk breaking someones car window....never will restitution be seen.

In addition the risk to store personel to stop an offending shoplifter is outright dangerous. I was attacked once by a loser shoplifter 100 lbs heavier then me which I will never forget and had me thinking twice before I ever tried to stop one again. I never did.

Also, doesn't the offender have to leave the store with the stolen merchandise? You did not steal it until you left the store.

[NerdDad]

Every Wal-Mart I have been in in the last 5 years has been doing this. I assumed it was a slop-over from their Sam's Club policy and have never considered it a big deal. Just for grins, I may follow your example and put the "door-nazi" on the spot.

[dalereed]

The Home Depot stores in the L.A. area are doing the same thing.

They haven't re instituted it in the San Diego County stores yet, they did it years ago, but one of the ones that I am in regurlarly in Oceanside has been losing over $100k per month to theft and I expect them to start checking people exiting the stores shortly.

Not only can't they survive with that kind of a loss rate but honest customers have to pay for that loss in higher prices.

[breakem]

Add Costco and before them Price Club

[alisasny]

Its not private anymore if they bring in law enforcement. So while I agree with your statement they can not then go use public resources...IE police....and still make the same claim.

[Dog Gone]

The Fourth Amendment only applies to government searches. Always has.

I'm appalled by the amount of shoplifting that goes on in this country, and I'm paying for it through higher prices. It's a minor inconvenience to have someone compare receipts to merchandise, but if it deters crime, it's a small price to pay.

My opinion would be different if they demanded a strip search or something really intrusive. But to check your bag is no big deal. Really.

[DC native]

Walmart in Southern Maryland started doing this to me 3 or 4 years ago. I asked to speak to the manager and told him I didn't appreciate being treated like a criminal and that because I have 3 children, I spend a lot of money in their store, and maybe I would take my money elsewhere...yada yada yada. The manager was polite but unimpressed, repeating the mantra, "it's company policy." However, I noticed that the crack security force left me alone from that point on.

Now that I'm in Virginia, the whole thing has started again...but I'm tired and old now, so I fight back by taking my business elsewhere.

[JRandomFreeper]

but one of the ones that I am in regurlarly in Oceanside has been losing over $100k per month to theft

My understanding is that most losses in retail businesses are from employees, and not customers. I realize that shoplifting is a problem, but not hiring scumbags would be a better solution to stop the loss. I don't shop at places that want to examine my purchases. The Fry's here also inspects bags and purses going in. That's a problem for concealed carry folks. I don't shop at Fry's.

/john

[BulletBrasDotNet]

Then turn around and return your purchase. That REALLY pisses them off. Two weeks ago, I returned a $600 cell phone at Comp USA after they asked me to see a receipt. I said, "Sure, let's go over here (customer service/return counter) and let's process my return!"

This attitude started with airline "security" and is becoming rampant in American society against mature WASP, 7th generation middle-aged business men. And yes, I'm an MCP and don't believe in this political correctness crap! Those that slurp that scuz can go invite Nelson Mandella to join them to live in France.

[blackbart1]

(This is why I don't have a Costco membership.)

You are missing a lot of bargains my FR frined. If I owned a store and was loosing money the way most places of business are I'd check too. No biggy unless you have something in your basket you didn't pay for.

[Chad Fairbanks]

I don't know what the practice is in your locale, but here, they must see you select an item, conceal the item, and attempt to leave without paying in order to legally detain you. Of course, if you voluntarily agree to be detained then that is your choice - If you DON'T, and they DO try to detain you, they are up poop creek without means of propulsion...