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Illegaly Detained By WalMart Assoicate. Pressing Charges.

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dmcc10880

Member
Had you read any of the cases, you would see that what constitutes "reasonable grounds" is a question of fact. An argument that frequently works (I have not looked it up for MO) is that asking EVERY patron for a receipt when there is no other evidence of shoplifting is insufficient to physically restrain a customer from leaving.

If you have a case from MO (or any other state) that says otherwise, I would love to see it.

Irrelevant.
Totally relevant.

The statute allows for any merchant, his agent or employee, who has reasonable grounds to believe that a person has committed or is committing a wrongful taking of merchandise, may detain such person in a reasonable manner and for a reasonable length of time for the purpose of investigating whether there has been a wrongful taking of such merchandise or money.

You can argue what is reasonable time, but I'll let you show me case law incongruous with the law.
 


LeeHarveyBlotto

Senior Member
Totally relevant.

The statute allows for any merchant, his agent or employee, who has reasonable grounds to believe that a person has committed or is committing a wrongful taking of merchandise, may detain such person in a reasonable manner and for a reasonable length of time for the purpose of investigating whether there has been a wrongful taking of such merchandise or money.

You can argue what is reasonable time, but I'll let you show me case law incongruous with the law.
Declining to show the receipt does not constitute "reasonable grounds". Period.
 

dmcc10880

Member
Declining to show the receipt does not constitute "reasonable grounds". Period.
Excuse me? A merchant wanting to ensure that everything being walked out of the store has been paid for?

What's the OP hiding by not showing the receipt? Perhaps he didn't pay for everything in the bags? And then getting belligerent?

As I've stated before, twice, if OP would have complied, he would have been on his way in 15-30 seconds.
 

LeeHarveyBlotto

Senior Member
Excuse me? A merchant wanting to ensure that everything being walked out of the store has been paid for?
A reasonable goal that is limited by law.

What's the OP hiding by not showing the receipt? Perhaps he didn't pay for everything in the bags?
I won't speak for the OP, but when I refuse to let them see my receipt (which at Wal-Mart is every time I'm asked), I'm not hiding a thing. I simply choose not to allow them to randomly accuse me of being a thief, and the law is on my side.

And then getting belligerent?
Didn't see this in the OP's post, and certainly saw no reference to it in the statute you posted, so I'm not sure of the relevance. Back to speaking for myself, when they ask, I say "no ma'am (or sir), you may not". Not the least bit belligerent.

As I've stated before, twice, if OP would have complied, he would have been on his way in 15-30 seconds.
Takes me about two seconds to say no and walk out the door.
 

dmcc10880

Member
The other poster put forth the notion that refusing to show store personnel the receipt constitutes cause, it's his burden of proof.
Yes, it is the merchant's burden of proof, and the merchant does have a reasonable time to detain to do the investigation UNDER MISSOURI LAW.

Check out my post at 10:17am CDT. Or, show case law to back up your claim.
 

justalayman

Senior Member
Yes, it is the merchant's burden of proof, and the merchant does have a reasonable time to detain to do the investigation UNDER MISSOURI LAW.

Check out my post at 10:17am CDT. Or, show case law to back up your claim.

I saw no post at that time but since not everybody has the same clock as you, you might want to refer to the post nuimbre and not the time.

I suspect you meant the post that included this:

Any merchant, his agent or employee, who has reasonable grounds or probable cause to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment, may detain such person in a reasonable manner and for a reasonable length of time for the purpose of investigating whether there has been a wrongful taking of such merchandise or money. Any such reasonable detention shall not constitute an unlawful arrest or detention, nor shall it render the merchant, his agent or employee, criminally or civilly liable to the person so detained.
If so, no, that does not support your argument.

The law states:

who has reasonable grounds or probable cause to believe that a person has committed or is committing a wrongful taking of merchandise or money from a mercantile establishment,
the requirement is they have reasonable believe that the customer HAS or IS actually committing theft. Unless you can show case law supporting your contention that refusing to show your receipt can somehow be construed as reasonable belief the person has committed a crime, it falls short of your argument.

To me, that is not reasonable belief and it is definitely not probable cause. Now, rather that simply repeating the same thing over and over, prove your argument or acknowledge it is YOUR belief the law allows the action but you have no actual support for the statement.
 

ERAUPIKE

Senior Member
Actually, it doesn't. The statute says they may stop you with reasonable cause. It does not say they may stop you, and investigate to try to find reasonable cause.
Yes, and refusing to show your receipt can constitute reasonable cause, unless you can show case law that would say it doesn't.
 

dmcc10880

Member
the requirement is they have reasonable believe that the customer HAS or IS actually committing theft. Unless you can show case law supporting your contention that refusing to show your receipt can somehow be construed as reasonable belief the person has committed a crime, it falls short of your argument.

To me, that is not reasonable belief and it is definitely not probable cause. Now, rather that simply repeating the same thing over and over, prove your argument or acknowledge it is YOUR belief the law allows the action but you have no actual support for the statement.
What is not a reasonable belief?

Walmart; Hi... can I check your receipt?
Customer: NO!
Walmart: Well, let's come over here... (thinking what do you have to hide- reasonable grounds.)

The law does not require only probable cause, but reasonable grounds. Both are not the same, but individually unique.

If you can show case law to override the law, then please share.
 

LatitudeClear

Junior Member
-cyjeff

The store greeters are not trained police officers. The primary source
of protection of Walmart property is by "inventory control personel"
who watch each customer through the camera's. They can detain a suspect
if they witness a theft occuring. The store greeters cannot.


-Eraupike

That's not even up for debate. You must have failed to read the next
sentence that said how the police officer agreed with me that
what he did was illegal.

Second point: I was within my rights and on the correct side
of the law. Even at Sam's Club where they make you sign a contract
that you give them permission for your person or car to be searched,
they can only contact police and cancel your membership. And yes
the police officer's job is to enforce the law which means he must
be aware of what it is. Walmart has already had 4 cases of this same
exact situation in court - and lost all of them.

third point: I researched to be absolutely certain what my rights where
to know if I was breaking the law or if he was. It turns out that he was
and had absolutely no authority to detain me, grab me, or take any
of my possessions. Knowing the law is not a crime.

fourth point: ..... okay... right...

five point: my second job when I turned 18 was working as a door
greeter at walmart and cart pusher.
That was a long time ago but even I had the common
sense to know that putting on their blue uniform isn't equal to
becoming an officer at the police academy. I was not rude to him, physically
touch him, or take anything away from him. It's his attitude that was the
problem.

Six point: It is not harrasment to ask to show my receipt. That is perfectly
okay. he can ask all he wants to. I politely said, "no thank you. This is
my receipt and I am not required to show it to anybody. Good bye."
It became harrasment when he turned the situation physical.

Seven point: Yes I do have to sign
a contract like at Stores such as Sam's Club to give that company the right
to search my persons, my car, or my possessions. As it is a privledge that
is only allowed by police officers who are given reasonable cause. Are you
not natively from this country?


Point Eight: Personel attacks really help prove your unsubstantial
comments.

Point 10: A citizen only has the ability to do a "citizens arrest" when
they have reasonable cause to believe that somebody or themselves are under
threat of bodily harm. Otherwise using physical force or threats is a felony
which is followed by a immediate arrest and very serious charges in court.

Point 11: This was an excellent comment to conclude your little ramble.

The store associate is not loss provention.

Loss provention has actual trained security officers sitting behind the camera's
and they do have the authority to detain a suspect if they witness a crime
taking place until the police can arrive.





----

You are guilty - thank you for the insight. I keep seeing this answer
pop up and so it is probably the most likely.... I wonder if a class
action lawsuit is possible because this is something that is occuring
frequently and started to get a lot of coverage.

---

Eraupike - He is not a security guard!!!! Dear God, read before you post.


---

dmcc10880 - Hmmm, I understand what you mean; however I feel the Judge
will agree with me that it is up to Loss Provention (the security guards
who actively monitor the video camera's) The fact that I was able to walk
through the store, grab two boxes, go through the check out line, and head
towards the exit without raising their suspicion - clears me of any reasonable
doubt of some old man who got his ego hurt when I refused his request.

Store Assocaites such as greeters are actually trained by Walmart to not
try and "apprehend" people. If a customer refuses and they are suspicious
then the assocaite must call the security guards for verification.

Not showing a receipt is not "probably cause". Being witnessed stealing
something on a security camera by a trained professional - is.

It also could have been over in 30 seconds if the store assocaite
did his job the way he was trained to do it.

---

xylene - That's a good idea for a laugh. But I did it more because
I became irritated at how the major chain stores have begin to assume
they have certain authoritarian rights that have not been given to
them by our society.

They have become so accustomed to customers voluntarily acting
a certain way that they now believe it is required. A Mom and Pop
store would never become this dillusional.

---

csi7 - I appreciate your insight. I'm not trying to be a
prick to anyone but really it is common sense that this sort of thing
wasn't okay. And I know I'm not the only person who has had this happen.

If all else fails I will go this route.


---

Zigner - Refusal to show a receipt is not proper cause. I have already
covered this subject but only the security guards who monitor the camera's
can (after they witness a shoplifting take place) can make that call.

---
 

justalayman

Senior Member
dmcc10880;2862370]What is not a reasonable belief?
that just because a person refuses to show the receipt, they are thieves. Using that analogy, if you refuse to answer every question a cop asks you, you are a criminal.

Walmart; Hi... can I check your receipt?
Customer: NO!
Walmart: Well, let's come over here... (thinking what do you have to hide- reasonable grounds.)
sorry but that is not reasonable belief they did commit a crime. It may be reasonable SUSPICION they might have but is surely is not reasonable belief. Understand, belief means you think they actually did steal, not that you merely suspect them.

The law does not require only probable cause, but reasonable grounds. Both are not the same, but individually unique.
and it is not reasonable to believe a person is actually a thief due to the refusal.


but let's say it does;

Ok, now we have a defamation suit because by stopping him, they are actually accusing him of being a thief. Not that they suspect he might have stolen something but that he actually has. Guess what the receipt proved.



If you can show case law to override the law, then please share.
over ride the law? No, you need to show that case law supports your incorrect interpretation of the law. The law does not make anything clear. How the case law defines "reasonable belief" is critical and since I find myself more reasonable than you, until you show me otherwise, I determine that a refusal to show a receipt does not provide a reasonable belief a crime has been committed.
 

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