Best Buy had me trespassed after they stole my property and I called the police

[pcgumshoe]

Thank you ENJAY: you said that I started the whole thing "by behaving inappropriately" Here's how I see it WITHOUT bringing my disability into play.

I did not hear the alarm. I was asked to "SHOW" not "GIVE" my receipt to someone working in an official capacity of the store where I just spent $135 of my money. After I showed my receipt, which according to their own store policy, I should have been left alone. My actions (not suspicious, but assertive) cause the associate to take more of an interest in me (I accept that from you all). I knew I didn't steal anything. Now I won't sit here and act stupid and say "Illegal Search and Seizure" as that would be from the STATE not a private company. HOWEVER, I do have the right NOT to be searched by someone. They have NO RIGHT to take something that I own off my person outside of their store. They DID have the right to arrest me or detain me to find out WHY the alarm went off and I had the right to refuse, which I did because I didn't steal anything. They also had the right to charge me with resisting, if in fact there was a larceny involved, but there wasn't. So why did I have to call the police to get my merchandise back? That's why I am upset, then I got no apology. When they returned to the store with my merchandise, they would have found that it was NOT de-activated and should have conducted an investigation as to WHO served me and then find out if they remember selling the merchandise. They didn't.

 

[CdwJava]

Okay ... short and sweet, it ain't gonna be a civil rights case. The police did nothing wrong here. And the chances of a civil suit netting you much (if anything) is very slim. Your disability is irrelevant as it was not obvious to any of the parties involved, and, it likely would not have been relevant had they even had reason to believe you WERE disabled. Behaviors are not excused by disability.

So, what IS your goal here?? Money? Apology? Or are you just venting?

If you are just venting, then okay ... let us know so we can read and not respond.

You've been told your other options: get a lawyer or write a letter. You have also been advised that any case you think you might have is slim to non-existant.

Good luck on hunting for an attorney ... and if not, I hope it has been cathartic to vent here.

- Carl

 

[pcgumshoe]

Thank you for your response:

And I think I answered, I am not here to just VENT. Do I want money, yes. Because I have been a loyal patron of Best Buy and given them many thousands of dollars over the past many years. The level of treatment at Best Buy has gone down year by year and this was the worst experience I've had there. I kept going back JUST BECAUSE they had what I wanted and cheap. Now I can't go back and I want redemption for all the money I spent into the company and for the humiliation of standing in front of the store as 7 or 8 people STOPPED and STARED at me as if I was some petty thief.

Do I believe I have a case, yes, perhaps not as slim as you think. What I am looking for here is input, constructive critisism and to help me think. Since I started this post and everyone has responded, I have had several thoughts triggered by the discourse. So, for me at least, it has been, and hopefully will continue to be, a positive experience.

I am appreciative for the responses. Based on your signature, I gather you are a police officer. I've had one person admit that they are a litigation attorney. So far, the cards appear to be stacked against me. You have wished me well. What I'm looking for is, is there anyone out there who sees it my way and am I missing something that would make my way more of a stronger argument.

Although you might not think so in the same situation, this was very traumatic for me and causes me a great deal of apprehension about shopping and just the events of that day. I'm not looking for sympathy.

The Store CLEARLY did not follow the law as it was written to protect them. They did not give me a choice as to whether I stay or whether I go. They took my property and I had to call the police to get it.

Perhaps I will post in another forum on "ARRESTS" a request for someone to look over at this thread, in case the don't look here.

 

[Happy Trails]

I have read some laws where when a merchant takes the property of a suspect (or customer) that by taking that property I can be considered detained or I abandon the property. Remember, I didn't steal something, I had it in a bag and it was mine after I paid for it. The clerk merely didn't de-activate the security sensor. **So the clerk errored, no lawsuit there. Actually quite easy to fix.

Now, the next argument might be, well then (3)(b) comes into play. They had the right to detain me, however, "Each such detention shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the device." **There is where it gets tricky, who is to determine what reasonable time is? After they went in and you would not follow so they could correctly determine what made the alarm go off, this delayed things. Let's suggest for a moment that you actually did shoplift and you had an item in your pocket that triggered the store alarm along with the checkout person not successfully deactivating the item that triggered it. Would that not still make them suspicious that you were unwilling to walk through the security device again?

The police officer said to me, when SHE brought my merchandise out to me nearly 45 minutes after this all took place, "They only wanted to de-activate the security sensor in case you needed to return it." **This could be entirely true.

Clearly the security guard walked back into the store the my product and the alarm was activated by something in the bag. They should have identified which item it was, found the checker that rang me up and confirmed that I just paid for that item. **Maybe, but this was just the merchandise, you still hadn't been cleared. The time span from purchase to exit was less than 2 minutes... however long it took for the cashier to bag it, give me my receipt and I to head for the door. I didn't hang around, so there was no way they could claim I added something. **But they weren't claiming that , they only wanted to check what was making the alarm go off.

In any event, the fact remains that were I to sue them, they could not plead immunity. Their actions did NOT comply with the statute (in that they didn't take my PERSON into custody, but my property - and that's not covered by the statute) No charges were made against me, they didn't call the police, they merely stole my merchandise. **They detained your merchandise and you were given it back. They didn't even come out and talk to me. **You probably weren't in the best mood, and since you wouldn't comply with a very common procedure for them to clear the merchandise, who's to say what they were thinking?

If I were in a wheel chair and I wouldn't let them search my wheel chair and they decided to trespass me because of that, I think the discrimination would be more evident. **I disagree, if the alarm went off they would certainly try to find the source of what was activating it, whether you were in a wheel chair or not.

One other thing bothers me, you say you frequent this store often, surely when someone is trying to speak with you, you could have taken a moment to see what exactly he/she wanted. These devices that try to help the store from being ripped off have been around for quite awhile. I know you mentioned about the earplugs, but clearly the person was requesting more from you than a look at your receipt.

I walked through one, the alarm beeped, I didn't hear it, they made me come back into the store to find the item. Not a big deal.

 

[pcgumshoe]

Since the date of this occurence (around the holidays), I went Christmas Shopping 5 more times. At Target, Wal-Mart, Hollywood Video, Gap, and Burdine's Macy's. In each of those visits, the alarm went off for one thing or another, not on me, but other customers, all were waived through without incident. It wouldn't take too many depositions to prove that these devices capture less than 1% of un-paid merchandise or possible shop-lifting.

I never said I didn't engage the person who wanted to talk to me. I could hear the person request, "May I SEE your receipt." To which I held it up and said I have it.

I also said that I worked for Fry's Electronics some years back and assisted with the A/P people. As far as I knew, he was asking to see that I had a receipt for my purchase so he could mark it as I left or what ever, similar to the receipt checks of Wal-Mart and Fry's. I knew, and know that those receipt checks are permissable, as long as they were voluntary. I was not volunteering to have my receipt checked, it only delays me further. My goal is to get back to my car as quickly as possible. I don't go window shopping, I don't go to mindlessly walk around the Mall or Store, I go with a purpose. It just so happened that I needed that Hard Drive I purchased and I made a second visit to Best Buy in hopes that the Seagate Drive that was offered at $40 after rebate was there. I had been to the store the day before and was told more would be in the next day. They sold out, I needed the drive, I got the drive, I paid for the drive, I needed to get it home, formatted and installed in a PC before the next day.

 

[Indiana Filer]

Thank you ENJAY: you said that I started the whole thing "by behaving inappropriately" Here's how I see it WITHOUT bringing my disability into play.

I did not hear the alarm. I was asked to "SHOW" not "GIVE" my receipt to someone

When you waved the receipt, you were not showing it. You were waving "some piece" of paper. It might have been a receipt from years earlier.

You're using your disability as an excuse for your failure to do what should have been done. Get over yourself!

 

[Happy Trails]

Since the date of this occurence (around the holidays), I went Christmas Shopping 5 more times. At Target, Wal-Mart, Hollywood Video, Gap, and Burdine's Macy's. In each of those visits, the alarm went off for one thing or another, not on me, but other customers, all were waived through without incident. It wouldn't take too many depositions to prove that these devices capture less than 1% of un-paid merchandise or possible shop-lifting.

I never said I didn't engage the person who wanted to talk to me. I could hear the person request, "May I SEE your receipt." To which I held it up and said I have it.

I also said that I worked for Fry's Electronics some years back and assisted with the A/P people. As far as I knew, he was asking to see that I had a receipt for my purchase so he could mark it as I left or what ever, similar to the receipt checks of Wal-Mart and Fry's. I knew, and know that those receipt checks are permissable, as long as they were voluntary. I was not volunteering to have my receipt checked, it only delays me further. My goal is to get back to my car as quickly as possible. I don't go window shopping, I don't go to mindlessly walk around the Mall or Store, I go with a purpose. It just so happened that I needed that Hard Drive I purchased and I made a second visit to Best Buy in hopes that the Seagate Drive that was offered at $40 after rebate was there. I had been to the store the day before and was told more would be in the next day. They sold out, I needed the drive, I got the drive, I paid for the drive, I needed to get it home, formatted and installed in a PC before the next day.

Yes, but it really is quite simple. The alarm went off and they wanted to find out what exactly caused it. You knew it was in the bag, since you knew you hadn't shoplifted, but they didn't.

I also go to a store with a purpose, I want to get my items and get going as well. But if the alarm goes off they have a right to see if I took something without paying for it. Looking at a receipt isn't going to tell them that until they find the item that triggered the alarm.

 

[pcgumshoe]

I do not disagree that the law says they have the right to detain me. I do disagree with the successfulness of the device. In reading the product literature for these types of security devices (after this incident), they indicate how to approach someone when the device goes off and what to say IF they don't find a security tag. They admit in their literature to explain how it works and that sometimes they go off by accident. Clearly this wasn't the case, and yes they had the right to detain ME. Had the sales associate handled himself in a more professional manner, maybe I wouldn't have been so impatient to return. Maybe if the clerks ALWAYS did their job and this was a fluke (didn't happen say but once in a blue moon), I may have returned.

I knew that I didn't break the law, even resisting their arrest of me would not have been breaking the law UNLESS a larceny had occurred. I charish what little civil liberties I have left in this country. I opted NOT to comply the store opted to elivate the situation and so NOW they should be held accountable.

As an A/P person, he has to think, 1. What are my rights? 2. What are the customer's rights? 3. How likely is it that this person stole something? 4. Did this person raise my suspicion level BEFORE he exited the door?

1. His right was to ask me to comply with a search of my bag
2. My right was NOT to volunteer
3. Based solely on the alarm going off... less than 1%
4. I can't answer that, I was with an associate 1/2 the time I was there, I looked at two items one that was rather large and couldn't be concealed on my person and one that was right in front of the check out counter and the security desk.

By taking it upon himself to elivate the situation from a reasonable cause to probable cause, and then NOT following the statute, he is not immune to being sued, neither is the store.

Indian Filler, thanks. You are correct, the receipt, however was 20 Inches long and if it was from several years, days or hours ago, I would have kept it in VERY GOOD MINT condition and I have already touched on the "See with your eyes, not with your hands." He asked to "SEE" and I don't let people see something by taking it from me.

 

[tabathadolley]

Since the date of this occurence (around the holidays), I went Christmas Shopping 5 more times. At Target, Wal-Mart, Hollywood Video, Gap, and Burdine's Macy's. In each of those visits, the alarm went off for one thing or another, not on me, but other customers, all were waived through without incident. It wouldn't take too many depositions to prove that these devices capture less than 1% of un-paid merchandise or possible shop-lifting.

I work at Target part-time(for years), and they have a rather laid-back policy as far as this situation. But, if there is a security guard on duty, and the alarm goes off, they will not just let you waive the receipt. By doing so, and leaving the store would cause them to believe you were up to something. I have never seen anyone refuse to have their bag searched(and it is to deactivate whatever is going off after making sure you paid for it) unless they had been shoplifting. Can you understand why they reacted the way they did? Had they known your situation they might have acted differently, but they weren't aware.

It wouldn't take too many depositions to prove that these devices capture less than 1% of un-paid merchandise or possible shop-lifting.

That is not because they aren't in proper working order, but because most theives remove the devices that set off the alarms, or aren't stopped by a security guard or employee. The cameras in the store and security walking around are really what catch the shoplifters.

With that said, I think your best action has all ready been suggested. Write a letter and see what comes of it. Best of luck.

I just want to add that these devices rarely go off for no apparent reason. I have spoken to a couple people over the years that set off the alarms at every store they go to for no obvious reason... but it is very rare.

 

[girl14328]

I can only say this:

My friend works for security at Best Buy in Massachusetts, and the company does not have the legal right to detain customers against their will, especially after they have left the premises (or so he tells me).

Though I have to say, even though the associate was wrong to follow you out of the store and stand in your way, which obviously upset you, I hardly think you'll be able to make money from the situation. You are aware of your medical condition which entails panic attacks and the likes, so you expect that kind of reaction when placed in an escalated emotional situation for you. And no one else could know about that.

You should be happy with an apology.

 

[pcgumshoe]

I guess the person who sued McDonalds because it didn't say, "HOT" on the side of the coffee cup who got burned on their private parts was responsible for that action too. None the less, Best Buy has a policy, if they violate that policy, they do it on a basis that is UNIQUE. I knew that they had that policy of not pursuing (after I talked to the manager).

Here's what COULD have happened. I knew that I didn't steal something. I also knew that I could not, or would not, be deprived of my liberties arbitrarily (which they created by violating their rules on pursuit). When I refused to let them search my bag, and view my receipt, I was well within my rights. Remember, I was OUTSIDE. at that point, or at the point when the cashier got the authorization for the credit card purchase, the property was mine.

They DID NOT detain me any further after they took my property. The statute is clear, they may detain me. As I have QUOTED before, they have the right, when the alarm goes off to detain ME in as follows: "Each such detention shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the device." Clearly, when the took my merchandise, were that to be considered "VALID" on their behalf, they would have found that ONE of the two items I purchased had NOT been deactivated. They then could have made inquiry to the 8 different cashiers about the items and asked, "Did you just sell this to someone." Once they did that, they would have had a cashier confirm that they did. The could have looked at a duplicate receipt and found that the items that were placed in the bag, and walked out the door no less than 120 seconds later were in fact PAID FOR by me.

At that point, the should have returned my items and apologized. and as you say, I should be happy with an apology. I didn't get one. I got BANISHED from a store where I have spent over $10,000 in the past 5 years. A store I supported and believed in. Now, you think an apology would be sufficient? Have you never been embarassed and accused of a crime in front of you peers? What would compensate you for that?

My condition aside, if I was a 75 year old man (and in florida that is possible) and cantankerous and not up to these HIGH FANGLED GADGETS, and was stopped by some young punk who caused me to have a panic attack to the degree that it cause me to have a HEART ATTACK, would you feel more sorry for me?

I find that most americans are willing to "GIVE UP" their civil liberties in the FEAR of prosecution.... "If I don't do this, they will think I was a terrorist or something." That is B.S. I was NOT guilty of shoplifting and did not see the store's right to STEAL my merchandise from me. Your name is "GIRL14328" if you purchased items that could fit in your purse and had a receipt for the same and they stopped you and took your purse and inspected the contents, would YOU be happy with it? What if you smoked pot and they found a joint or something like that. Did you know that if they did, it is admissable in court and is NOT considered Illegal Search and Seizure? You could be prosecuted for having something in an area that you consider private because someone who believes you stole something OVERSTEPS their authority to TAKE your purse and inspect the contents.

You would be happy with this? The bag was mine and the contents as well. I was NOT responsible for the failure of the associate to deactivate the device. Poor training, whatever. The fact remains, I was within MY RIGHTS to REFUSE to comply with a NON governmental agency to allow MY property and MY person to be searched.

And as I said, I was not apologized to.

I don't doubt that I will find a lawyer who will take this case. I have not been seeking cousel to quickly. As far as sending a letter to Best Buy, why? That would only give them ADVANCE notice of a possible lawsuit if they don't satisfy my wishes.

As far as my wishes, I do believe I am entitled to compensation for the embarassment of being stipped of my property and giving the impression to my fellow citizens that I was a thief. Best Buy had the right to let me go, write down my license plate number and call the cops. Had they done that, the police would have asked, "What probable cause do you have?" Consequently the police would NOT have put an ALL POINTS BULLETIN out on my car or my description on account of I did NOTHING but refuse NOT to be ILLEGALLY searched by the door guard based on a 99% failed door alarm.

I paid for the goods PERIOD. Nothing more about that.

Everyone here has pointed out where I was wrong. No one looked at where the security guard was wrong. He had no right to pursue. The fact remains that if he had used force and returned me to the store or some secluded part of the store, they would have found that I DID NOT STEAL ANY THING. If you are "asked" to show your receipt and the contents of your bag, purse, or other container, that is based on a voluntary committment. I didn't see they had the right to inspect me without a police officer there. They did NOT comply with the statute that requires that they call the police when they take someone into custody.

Coincidentally, on the day of this occurrence, three hours earlier, the same store called the police to respond to a "Shoplifting" situation. The only other call that day to this store was mine in response to some one took MY PROPERTY and I received NO report on it, just a trespass warning.

Roll over and take it up the you know what if you want, however, no one has the right to lay a hand on you or search your person without probable cause. PERIOD. I dare ANYONE to validate a reason for ANYONE to touch you and take something from you.

If I walked into the parking lot, with the same bag and someone "STOLE" that bag from me and ran away, do you think Best Buy would compensate me for my stolen merchandise? The answer is NO.

 

[You Are Guilty]

Look, you've clearly made up your mind, so why not post back here after you found a lawyer and let us know how the lawsuit is going? I'm sure everyone will be anxious to see how it turns out.

 

[pcgumshoe]

I will surely post here once I have a lawyer and a suit is under way. My purpose right now is to get a variety of opinions, for and against, my situation so I will know what I am up against. Remember, this is the holiday season. For the last two weeks, a lot of people have been unavailable on account of holiday vacations.

My spouse and I have been trying to find a house and our mortgage broker and real estate agent are out of town too. Somethings have to wait for the holidays. I saw this forum as not my solution, just my way of testing the waters and perhaps jarring my memory about the incident and perhaps other options.

So far, however, the only thing that people have been pointing out is what they believe I did wrong just because THEY wouldn't have done it. Rosa Parks probably would have been told on this board, "Just sit in the back of the bus, miss" Not that I compare this in ANY way to the landmark decision that was, however, it is very important to me and my intent is NOT to upset anyone and I am not upset with anyone's answers. If you want to flame me, I'd rather no response at all.

I am just seeking input and the only input I've gotten is, "You were wrong." That's only part of it. I was also right, I didn't steal and I was within my rights NOT to be illegally searched and who knows what else.

 

[rmet4nzkx]

Look, I am a very patient person, usually reading the longest posts and responding in detail, I also am a professional in the field of mental health, and advocate for persons with disabilities and have even had to call the police after purchacing a lapyop at Bestbuy, who made it inoperatable and wouldn't give me either my computer or my money back until the police were called, so if anyone were to validate your claim at all it is me.

You are full of BS!!!!

The only person who did anything wrong was you.

All you had to do was allow the security person to check your receipt against your items and it there was a dispute or an error it could have been resolved.

What you claim as disabilities, don't entitle you to such inappropriate behavior. Please save your money on an attorney, because you don't have a case, instead, please consult your psychologist and psychiatrist for appropriate evaluation and treatment.

 

[Indiana Filer]

I just have this to say to the OP:

You're disabled, according to your statements. It's a disability, not a free ticket to do whatever you feel that you want to do.

Best Buy had probable cause to ask you for your receipt. Your purchase (and I do believe you paid for the stuff) set off the security alarm. You simply needed to show your receipt (not wave it) and your items to prove that they weren't stolen.

Get over yourself, and as I said earlier, realize that it's a disability, not a free ticket to do whatever you feel that you want to do.

I feel sorry for your wife if she ever does anything that you don't like. I'd bet money you dwell on all the ways that you have been wronged in your life, and harp on them over and over and over until you drive everyone around you stark raving mad.