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Falsely Detained for suspicion of Shoplifting when security devise wasn't deactivated

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racer72

Senior Member
You received many legit answers in the post you linked. Just because you don't like the answers is no reason to spread your problems all over this forum. If you feel you have been truly wronged, you need to talk to a local attorney, not hoping for a pie in the sky answer in these forums.
 
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stephenk

Senior Member
i read your numerous posts and what happened at Best Buys does not qualify as any type of personal injury. You brought about the whole incident by failing to stop and allow the door guard to read the receipt to see if it matched with the items in your bag.

Next time order online and have it delivered or take someone with you who can interact with the public so you don't have to.
 
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pcgumshoe

Member
Thank you both.

Normally, I do take my spouse with me to interact with the public, or I medicate myself more.

I do believe I had the right to refuse to submit to the inspection. When the product was snatched from my hands and I began to fear for my life and a panic attack insued and I required triple doses of my medication for the effects of that incident, I believe that is a "personal injury" however lessoned it would be by a pre-existing condition.
 
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racer72

Senior Member
pcgumshoe said:
I do believe I had the right to refuse to submit to the inspection.
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Right there is your problem, you don't have the right. Situations like this always have and always will be considered reasonable search and/or siezure.
 
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Happy Trails

Senior Member
One other thing you mentioned that you were out in the parking lot and felt they should have just let you go and taken down your license plate number...

The parking lot is still Best Buy's private parking lot. So you were still on their premises.
 
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seniorjudge

Guest
pcgumshoe is a multiple poster.

Y'all are encouraging that kind of behavior by responding to him.
 
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pcgumshoe

Member
Thank you JUDGY, however, as I addressed in your OTHER statement, I was merely covering the various topics that might be covered by this situation. As far as that goes, I requeste people to look at the other site, that some people posted here, well, that was there choice. I would have preferred to review their posts in the other forum.

By the way, RACER72, Legality of "SEARCH AND SEIZURE" is in regards to actions against the government, not the private sector. As far as the "DETAINMENT" yes, they were correct, however, the seizure, they were not. What law permitted them to search me or take from me? They only had the right to detain ME, not search, not take my property. The law is Crystal Clear on that point.

Happy Trails: The parking lot is not necessarily "PRIVATE" and it is not exclusively "BEST BUYS" as the Sergeant clarified for me later that weekend, I could still go to the Hollywood Video that is right next door to Best Buy that "SHARES" the same parking lot. So it is community property. Some courts have ruled they property extends to the mall, some just to the doors.
 
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Happy Trails

Senior Member
pcgumshoe said:
Thank you JUDGY, however, as I addressed in your OTHER statement, I was merely covering the various topics that might be covered by this situation. As far as that goes, I requeste people to look at the other site, that some people posted here, well, that was there choice. I would have preferred to review their posts in the other forum.

By the way, RACER72, Legality of "SEARCH AND SEIZURE" is in regards to actions against the government, not the private sector. As far as the "DETAINMENT" yes, they were correct, however, the seizure, they were not. What law permitted them to search me or take from me? They only had the right to detain ME, not search, not take my property. The law is Crystal Clear on that point.

Happy Trails: The parking lot is not necessarily "PRIVATE" and it is not exclusively "BEST BUYS" as the Sergeant clarified for me later that weekend, I could still go to the Hollywood Video that is right next door to Best Buy that "SHARES" the same parking lot. So it is community property. Some courts have ruled they property extends to the mall, some just to the doors.
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Here are some links that might be some interesting reading for you.

Discussion on a guy who didn't want to show receipt to BB employee when asked, no security alarm went off. :mad:
http://episteme.arstechnica.com/eve/ubb.x?q=Y&a=tpc&s=50009562&f=34709834&m=888000162&p=4

Discussion on a person that was annoyed when asked to show receipt. :mad:
http://forums.windrivers.com/showthread.php?t=48300

Kids arrested in K-marts private parking lot that was shared with a restaurant. :mad:
http://www.chron.com/cs/CDA/printstory.hts/topstory2/1539629

Customer choked to death, refusing to stop for Best Buy security. No charges filed. :eek:
http://www.scpronet.com/point/9603/p04.html

Other disgruntled Best Buy customers: :mad:
http://www.die.net/musings/bestbuy/epilogue.html
 
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Lynx 36

Member
Sounds like this guy is using his disability as a crutch to carry on his life. The whoas me syndrome, oh poor me I have a disability. What a loser. I get asked everytime I leave Best Buy to show my receipt and have them look in my bag to check items. What's the big deal?!

My father died from multiple schlerosis and he never, ever, used his disability as a crutch. When he was still able to drive he even refused a handicap sticker as he said if he is able to walk around a store he can walk an extra 10 feet to enter one.

People like this guy are a drain on society. He is a loser looking f/ some money b/c of his disability. No pity here.

My solution is someone should take him to the vet and have that special shot in his paw!
 
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pcgumshoe

Member
Thanks Happy Trails! A wealth of information on following those threads. I had seen the www.die.net one.

Some of them were from some years ago. Again, keep in mind, that I didn't attempt to commit a crime.

Here's one that I had read on more than one occassion over the past couple years. I looked this one up after I quit working at Fry's Electronics.

http://www.crimedoctor.com/loss_prevention_3.htm

Remember this, I did not hear the alarm go off and it wasn't until after I was out of the store and the associate had taken my product from me that I deducted that the alarm had gone off. He never said, "Excuse me sir, I need to deactivate that security sensor for you in case you have to return the product." It was the police officer who RETURNED my product to me AFTER I called them who told me that.

As far as Lynx's comments, thank you for trying to increase your posts numbers. I originally posted in the discrimination forum as I constantly feel discriminated against BECAUSE people can't see MY wheel chair.

You must work as an exit checker. Hope someone doesn't nut up on you some day and go beyond REFUSING to let you MANHANDLE them!
 
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tabathadolley

Member
pcgumshoe -

Again, keep in mind, that I didn't attempt to commit a crime
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While I have sympathy for you, I think you really need to step back and look at this from the view of the employee who stopped you - or even just an outsiders point of view. I think you have gotten that by the responses of everyone here. Just keep that in mind when pursuing this matter.
 
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pcgumshoe

Member
From the employee's point of view (and I did work in retail for a while): "Okay, this guy has a bag, a receipt and I wasn't suspicios of him before, do I want to put the store at risk for making a bigger scene OUTSIDE or let it go as I saw nothing?" Also, I found out that that morning they had called the police to the store for a shoplifter. He may have been on a high because he had "caught" one person that day, and now possibley two... he'd be in the AP hall of fame...

From the cusomter's point of view: "Wow, they must really think that he stole something, for they are stopping him. He must be a criminal." Or simply, those alarms are NEVER right and they just annoy me.

That's my take, and thanks for the sympathy.
 
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rmet4nzkx

Senior Member
You had ear plugs in your ear, that is an intentional act and your fault that you didn't hear the alarm, all the sympathy in the world won't change that fact. Best buy had every right protect the story from theft, to look at your receipt in detail and compare it to the contents of you bag and to investigate the alarm you set off, all you did was give them more cause to detain you.
 
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tabathadolley

Member
From the employee's point of view (and I did work in retail for a while): "Okay, this guy has a bag, a receipt and I wasn't suspicios of him before, do I want to put the store at risk for making a bigger scene OUTSIDE or let it go as I saw nothing?" Also, I found out that that morning they had called the police to the store for a shoplifter. He may have been on a high because he had "caught" one person that day, and now possibley two... he'd be in the AP hall of fame...
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No, I disagree with you. You are still looking at it from your eyes. What the employee is thinking is that the alarm just went off - my job is to check the receipt and bag, and deactivate the item or detain the shoplifter. Then when you refused to let them do that, their view on the situation changed to suspicious. That's what you need to see and understand.

From the cusomter's point of view: "Wow, they must really think that he stole something, for they are stopping him. He must be a criminal." Or simply, those alarms are NEVER right and they just annoy me.
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Possibly, but there a million variations of what the customers might have thought.



That's my take, and thanks for the sympathy.
 
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