chardaie24
Junior Member
What is the name of your state (only U.S. law)? california
i visited a walmart on monday with the intentions of exchanging some makeup. i had my walmart bag in my hand with the makeup i usually wear and the makeup i purchased at a different walmart yesterday with the receipt in the bag. while i was in the cosmetics dept i had the two liquid foundations that were purchased and the foundation i was considering buying in my hand all at one time to compare. i stayed in the cosmetics area for approx 5 minutes comparing products with everything in plain view. eventually i decided to just keep my purchase i put the foundation back on the shelf and put my purchased merchandise back in my walmart bag. i then went to 2 other departments in the store to browse and then proceeded to the exit of the store. just as i was about to exit i was forcefully grabbed back into the store by a male employee in plain clothes and no walmart identification (as I have been seeking legal advice from several sources, I have been informed that the security employee should have waited until I was completely out of the store to detain me but I should verify what this particular walmart store’s security policy is as it may vary from store to store). Several attorneys associated with avvo.com have advised me that stores have the right to detain people if they have probable cause (shopkeepers privilege) and the facts I relayed reflected probable cause. as i explained to the head of security, my issue was not the misunderstanding or even the assumption on their part that i had committed theft. i had an issue with him and his security time not following routine store procedure and asking to see my bag and a valid reciept while at the exit and then refusing to allow me to show it to them in an attempt to diffuse the situation. as i stated in my explanation, all cosmetics at this particular walmart location have a censor which will set off the detector if it is not deactivated (which can only be done if merchandise is purchased) which they should know being walmart security. i did not set off the alarm as i proceeded to walk through the store and i do understand that censors can be defective so as i said i would have had no problem with them asking to check my walmart bag for the merchandise and the reciept. so at this point i had not set off the detector and i made it obvious that i was willing to show my merchandise and substantiate my purchase with a valid reciept but i was refused, therefore why would security still have probable cause to continue to force me into the security room and make comments like "i know what this is about and either i can tell the truth or go to jail" as if they figured that i had been through this particular experience before. additionally, how can security still maintain they had probable cause to detain me and deem it necessary to go out onto the sales floor even after i proved beyond a doubt that the merchandise i had in my possession had indeed been purchased and not stolen. mind you, the head of security returned to the room and asked me yet again after throughly doing a search himself was i sure that i didnt steal or switch anything? he later tells my mother who comes to talk to management that this was not a case of racial profiling it's just that they always have this "type of situation" in that walmart (likely because of the area...the walmart is located on crenshaw and king blvd in los angeles) yet he didnt answer my earlier question of how out of approximately 20 people in the department at the time of surveillance was i pinpointed and subsequently watched. it is my belief that security thought that i was a young african american female who fit the profile of previous suspects when in actuality i am a 25 yr old working citizen and college grad. but even if this was the case, i still wouldnt have been upset as it is human nature for us to judge each other and as i said, i am a very reasonable person and would have understood security stopping me at the exit and asking to see my belongings but instead i was forcefully grabbed and refused the attention of the head of security when i tried to voluntarily show my merchandise and reciept. security simply jumped to conclusions at my expense and embarrasment and this is what i have a problem with. if filing a complaint is all that's necessary or i can do according to law then i will be content with that. But i am led to believe that the security team sees that their actions werent justified because the head of security refuses to give the full name of the individual who grabbed me and led me to the back by my shoulder and the supervisor of this department has yet to be available to discuss the matter. Any advice is appreciated.
i visited a walmart on monday with the intentions of exchanging some makeup. i had my walmart bag in my hand with the makeup i usually wear and the makeup i purchased at a different walmart yesterday with the receipt in the bag. while i was in the cosmetics dept i had the two liquid foundations that were purchased and the foundation i was considering buying in my hand all at one time to compare. i stayed in the cosmetics area for approx 5 minutes comparing products with everything in plain view. eventually i decided to just keep my purchase i put the foundation back on the shelf and put my purchased merchandise back in my walmart bag. i then went to 2 other departments in the store to browse and then proceeded to the exit of the store. just as i was about to exit i was forcefully grabbed back into the store by a male employee in plain clothes and no walmart identification (as I have been seeking legal advice from several sources, I have been informed that the security employee should have waited until I was completely out of the store to detain me but I should verify what this particular walmart store’s security policy is as it may vary from store to store). Several attorneys associated with avvo.com have advised me that stores have the right to detain people if they have probable cause (shopkeepers privilege) and the facts I relayed reflected probable cause. as i explained to the head of security, my issue was not the misunderstanding or even the assumption on their part that i had committed theft. i had an issue with him and his security time not following routine store procedure and asking to see my bag and a valid reciept while at the exit and then refusing to allow me to show it to them in an attempt to diffuse the situation. as i stated in my explanation, all cosmetics at this particular walmart location have a censor which will set off the detector if it is not deactivated (which can only be done if merchandise is purchased) which they should know being walmart security. i did not set off the alarm as i proceeded to walk through the store and i do understand that censors can be defective so as i said i would have had no problem with them asking to check my walmart bag for the merchandise and the reciept. so at this point i had not set off the detector and i made it obvious that i was willing to show my merchandise and substantiate my purchase with a valid reciept but i was refused, therefore why would security still have probable cause to continue to force me into the security room and make comments like "i know what this is about and either i can tell the truth or go to jail" as if they figured that i had been through this particular experience before. additionally, how can security still maintain they had probable cause to detain me and deem it necessary to go out onto the sales floor even after i proved beyond a doubt that the merchandise i had in my possession had indeed been purchased and not stolen. mind you, the head of security returned to the room and asked me yet again after throughly doing a search himself was i sure that i didnt steal or switch anything? he later tells my mother who comes to talk to management that this was not a case of racial profiling it's just that they always have this "type of situation" in that walmart (likely because of the area...the walmart is located on crenshaw and king blvd in los angeles) yet he didnt answer my earlier question of how out of approximately 20 people in the department at the time of surveillance was i pinpointed and subsequently watched. it is my belief that security thought that i was a young african american female who fit the profile of previous suspects when in actuality i am a 25 yr old working citizen and college grad. but even if this was the case, i still wouldnt have been upset as it is human nature for us to judge each other and as i said, i am a very reasonable person and would have understood security stopping me at the exit and asking to see my belongings but instead i was forcefully grabbed and refused the attention of the head of security when i tried to voluntarily show my merchandise and reciept. security simply jumped to conclusions at my expense and embarrasment and this is what i have a problem with. if filing a complaint is all that's necessary or i can do according to law then i will be content with that. But i am led to believe that the security team sees that their actions werent justified because the head of security refuses to give the full name of the individual who grabbed me and led me to the back by my shoulder and the supervisor of this department has yet to be available to discuss the matter. Any advice is appreciated.
