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Old 09-07-2007, 04:20 PM
Copernicus Copernicus is offline
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Join Date: Jun 2003
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Default Re: X-Post: Man arrested for not showing officer his License

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Lets take a slightly different case. What if an electronic sensor goes off because the clerk didnt demagnetize it properly, you know you paid for it, so you refuse to stop and have your receipt checked. Is there reasonable suspicion to inspect or detain? Reasonable cause to inspect or detain?


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Unless the store actually witnessed you stealing something, there is no cause to inspect and detain. The fact that their employees are too incompetent to demagnetize the products property does not give license to the store employees to violate private citizens' rights. <font color="red"> Are you stating this as opinion or law? Without doing the research I would think that a sensor going off would constitiute reasonable cause or reasonable suspicion</font>

I actually had this exact thing happen to me as I was leaving a grocery store last week. I'm not sure what I had in my cart that warranted being "magnetized" in the first place, but whatever it was, it wasn't demagnetized by the clerk. In any case, I didn't stick around at the door to wait for an employee to come by to waste my time when I knew that I had done nothing wrong. I walked out to my car and put my groceries in the trunk. Nobody bothered to come out of the store to try to stop me from leaving.

Had they tried to physically detain me, I would have done my best to prevent them from doing so. The one thing that I wouldn't have done is played ball if they attempted to get me to return to the store so that they could search me.

I had $200 worth of groceries in my cart -- there was no way in hell that I was going to return to the store (looking like a criminal in the eyes of other customers as security lead me into the building) in order to have them go through my receipt and cart one item at a time.

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<font color="red">Ive only been stopped once when a sensor went off, but whenever one does I gladly pause and give the guy at the desk an opportunity to check. If he makes no sign that he wants to, I continue on. </font>
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