Walart / Sam's Club Exit Searches

[seniorjudge]

It really was just the principle of the whole thing.

The principle of the whole thing is that merchants have the right to do this.

 

[Two Bit]

As frequently as those things result in false alarms, what level of proof do they have if you walk out and the alarm goes off. It certainly isn't probable cause. If they did force a search, any evidence gained would be admissible since it wasn't conducted by a state agent.

As citizens, they have the power of arrest, but I'm nto sure that it grants them authority to detain. I figure the power to ban you from the proerpty and make an arrest.

If they did use any force to detain or search without probable cause, I could see filing criminal charges against the store employee.

 

[gawm]

I have to ask ... why not?

- Carl

don't get me started, but in a nut shell:

a customer's standpoint; stores are always filthy, at least the ones in Arizona are.
WORST customer service by far( i don't know if it's because they get paid so little or if they get paid so little because of their customer service)
NOT ALWAYS the lowest price

then from a union members standpoint, i get a lot of information on how badly there workers really do get short changed. a billion dollar company, and a lot of their full time workers are on gov. assistance. not to mention how their unfair labor practices affect other businesses

Walmart will be a big part of the reason why china will own this country in a couple of decades

but this is just my opinion, please feel free to shop where ever you please, just remember the high cost of low prices

 

[BelizeBreeze]

don't get me started, but in a nut shell:

a customer's standpoint; stores are always filthy, at least the ones in Arizona are.
WORST customer service by far( i don't know if it's because they get paid so little or if they get paid so little because of their customer service)
NOT ALWAYS the lowest price

then from a union members standpoint, i get a lot of information on how badly there workers really do get short changed. a billion dollar company, and a lot of their full time workers are on gov. assistance. not to mention how their unfair labor practices affect other businesses

Walmart will be a big part of the reason why china will own this country in a couple of decades

but this is just my opinion, please feel free to shop where ever you please, just remember the high cost of low prices

This is a legal forum Take your OPINION POLL elsewhere.

 

[CdwJava]

As frequently as those things result in false alarms, what level of proof do they have if you walk out and the alarm goes off. It certainly isn't probable cause. If they did force a search, any evidence gained would be admissible since it wasn't conducted by a state agent.

Sure it is. Probable cause does not require absolute certainty. And unless these things were going off all the time either due to malfunction or employee error, it's good cause.

This was an issue challenged once that I was involved in while in San Diego County. The defense was just that - bad cause. They brought in employees and others that showed that it went off several times a day and only about one in six were actually stolen items.

However! The prosecution had an independent verification done and found that (a) the alarm sounded ONLY with tagged items, and, (b) it registered fewer than 1 in 100 false alarms on "deactivated" tags. They also calculated the number of tagged items that went through the alarm system each day and found that one or two alarms every hour was consistent with their 99% read rate.

As citizens, they have the power of arrest, but I'm nto sure that it grants them authority to detain. I figure the power to ban you from the proerpty and make an arrest.

I think it depends on the state and on store policy. As far as I can tell, CA state law does not grant any special exemption or power to detain to private citizens, and I have yet to see any published decisive case law on the detention issue for CA.

If they did use any force to detain or search without probable cause, I could see filing criminal charges against the store employee.

But, if they did have cause? Out here, the alarm would be sufficient probable cause for a C/A or at least a detention.

- Carl

 

[CdwJava]

a customer's standpoint; stores are always filthy, at least the ones in Arizona are.

Not the ones here. I used to work in a city that now has THREE of the things. My current city has one.

WORST customer service by far( i don't know if it's because they get paid so little or if they get paid so little because of their customer service)
NOT ALWAYS the lowest price

And that is different from other businesses ... how? Mine gives great service ... well, as good as they can. There are few knowledgeable people in the key technical areas (electronics, hardware, etc.) but then, I go there for the price not the service. If I want service there are better local providers. But, for price, I can't beat it unless I drive 35 miles.

then from a union members standpoint, i get a lot of information on how badly there workers really do get short changed.

Nobody is forced to work there. And, depending on the economy, what they pay may be the prevailing wage. Where I live and work Wal-Mart's wages are good wages. The employees here like working there.

People complaining about how they treat employees has floored me. Nobody HAS to work at Wal-Mart! If they can get paid better elsewhere then go for it! Many fo the employees cannot GET those better paying jobs as they are either not qualified or the jobs are not there.

not to mention how their unfair labor practices affect other businesses

Which "unfair practices" would those be that effect other businesses?

but this is just my opinion, please feel free to shop where ever you please, just remember the high cost of low prices

I know the high cost of high prices ... Top Ramen at the end of the pay period!

I'm feeding a family of 5 on one income ... I can make that money go further by driving to a city 35 miles away and shopping at tle local Wal-Mart. So, I can shop at the local smaller stores and get about 60-70% of the goods I could get elsewhere, or I could got to Wal-Mart and keep the tax base here. Most the people here aren't shopping local because of prices anyway. Those that can drive and spend their money on big purchases elsewhere.

I shop local when I can, and when I need the customer service, advice, or assistance ... or, if I want a particular type or quality of item that Wal-Mart does not provide. But if I want to buy in bulk for cost savings, then it will continue to be a long drive and Wal-Mart.

- Carl

 

[gawm]

This is a legal forum Take your OPINION POLL elsewhere.

I see you own some walmart stock Good for you I was asked a question and I answered it. You don't agree with it, that's fine

NEWS FLASH: all of your OPINIONS are not of a legal nature!
I'll make you a deal, you leave your OPINIONS out of post and I'll leave mine out

 

[BelizeBreeze]

I see you own some walmart stock Good for you I was asked a question and I answered it. You don't agree with it, that's fine

NEWS FLASH: all of your OPINIONS are not of a legal nature!
I'll make you a deal, you leave your OPINIONS out of post and I'll leave mine out

I guess the last e-mail you got from Mary didn't make an impression. We'll see what the next one does for you.

 

[gawm]

I guess the last e-mail you got from Mary didn't make an impression. We'll see what the next one does for you.

what's wrong? Did scruffy go in your bran flakes instead of the litter box again?

 

[bsokee]

what's wrong? Did scruffy go in your bran flakes instead of the litter box again?

lol lol lol** Oops, my dog just threw up, gotta go! But, personally I love the Super Wal-Marts.

 

[justalayman]

And they coul dhave lawfully detained you and called the police. Or, detained you long enough to determine if you did indeed commit the theft. The law does not require them to be correct or perfect, only that there is sufficient probable cause to believe a crime had been committed and that you had committed the crime. Had they detained you, it would have been lawful and you would have had no cause of action.

- Carl

Yes I acknowledge that. Like I said I accept the rfid detector was probably enough for them to be suspect but as a personal and not legal thing I still feel like it is an injustice. Besides I really felt like being a pain in the butt that night anyway.

 

[CdwJava]

Yes I acknowledge that. Like I said I accept the rfid detector was probably enough for them to be suspect but as a personal and not legal thing I still feel like it is an injustice. Besides I really felt like being a pain in the butt that night anyway.

You can always choose to shop elsewhere.

And you have to beware of those feelings as those kinds of feeling can land you in jail if you're not careful.

- Carl

 

[gawm]

the loss prevention personal where i work once told me that if a customer did not want to show a receipt there was nothing they can do about it unless they actually saw them steal something. this is in AZ

 

[mommyto4]

WOW to the OP

you have way to much time on your hands to come up with things like that. If you dont like something leave and go somewhere else stop wasting peoples time here.

 

[Jack_David]

the loss prevention personal where i work once told me that if a customer did not want to show a receipt there was nothing they can do about it unless they actually saw them steal something. this is in AZ

Thats pretty much the way I've heard it.

If you dont actually see someone stealing something and see them walking out you shouldnt actually try to physical restrain them, because if they dont have anything then you have commited assault.

If you purchase you goods, they are yours, people can ask to see them and your reciept but you have no legal obligation to oblige.