I don’t know if you have seen these videos of Walmart Employees stopping shoppers on their way out and the argument ensues.
She had a receipt so she is being falsely accused of theft and therefore her rights violated, right?
Wrong… depending on the state. It seems there is this principle called “Shopkeeper’s Privilege” where a shopkeeper, store owner or somebody working for the store can detain somebody if they have a reasonable belief that the person has committed the crime, he/she is detained in a reasonable manner, and detains the person for a reasonable amount of time to investigate whether the person has the goods alleged to be stolen.
In the State of Florida, this is found under Statute 812.015 – Retail and farm theft; transit fare evasion:
3)(a) A law enforcement officer, a merchant, a farmer, or a transit agency’s employee or agent, who has probable cause to believe that a retail theft, farm theft, a transit fare evasion, or trespass, or unlawful use or attempted use of any antishoplifting or inventory control device countermeasure, has been committed by a person and, in the case of retail or farm theft, that the property can be recovered by taking the offender into custody may, for the purpose of attempting to effect such recovery or for prosecution, take the offender into custody and detain the offender in a reasonable manner for a reasonable length of time. In the case of a farmer, taking into custody shall be effectuated only on property owned or leased by the farmer. In the event the merchant, merchant’s employee, farmer, or a transit agency’s employee or agent takes the person into custody, a law enforcement officer shall be called to the scene immediately after the person has been taken into custody.
I will admit I was one who thought WalMart was in the wrong and employees were being dicks for no cause so, if stopped, I could just raise holy hell and be on my way, rights secured. I am sure I am not the only one who does not like to have his rights violated and would have also decided to stand up to a perceived violation of our rights.
But (there is always one) I did not considered that Walmart is private property and they have rights also which include not being robbed and lose income., the same way if you had a store and would not like to be robbed out of your merchandise.
This is not guns or gun rights, so why do I bring it? Because while I was still holding the silly thought of “resisting” and engaging in an argument, I was risking unnecessary hardship to myself if things escalated and police arrived at the location. You see, there would have been at least one gun in the argument: mine. Cops would have arrived, asked for ID maybe you inform you were legally carrying a concealed firearm and the rookie cop just transferred from New Jersey draws his gun and you end up wishing there is not a flash coming. And even if you don’t announce, the same dumb rookie happens to do the obligatory pat down for officer’s safety, feels the gun and once again you are possibly looking at the wrong end of his pistol. Or maybe nothing happens but we do not live our lives by betting on everything always being peachy, do we?
So, if you are asked for the ticket, smile and provide it. You will comply with the law, get home sooner and not end up in a viral video in YouTube.
Or the morgue courtesy of a Carpetbagger Cop.
Please note “probable cause” in that law. That means they have to be able to say why they stopped YOU.
When asked, smile, be polite, show your reciept and demand to speak to the manager named on the wall of the customer service center. Yes, you’ll wait for them to come in at 0200. Company policy has them on-call.
NOW you complain at length about their assertion that you are a thief.
This works splendidly to get them to teach their register monkeys to disarm the anti-theft tags on small, expensive things.
I can’t disagree with that technique. But still remember we are applying de-escalation as much as possible. If somebody gets heated about your actions after cleared, just smile, apologize and walk away.
When they ask if they can see my receipt, I always say no. ALWAYS. At Sam’s club, I signed up for them asking to see my receipt. It’s part of the membership agreement. I have no such agreement with Walmart, Kroger or a dozen other places. Even Best Buy tries to do it, and I say no. Call a manager if you have a problem with it, I tell them, or I will, and I’ll complain that you are accusing me of stealing without cause. That usually shuts them up fast.
I don’t have to put up with that nonsense. And I don’t. In fact, the lady at Walmart that I normally see at the door never asks me anymore, even when she still asks other people.
I get your point. I just don’t agree.
Remember, it is not a question of rights but de-escalation.
Right. “I’m sorry, which line was I supposed to be in for the oven? Oh, my mistake. Please forgive me”. De-escalate my behind.
Walmart receipt = Auschwitz. Sure, I can see the equivalence.
SMH
Aaaaaaand…. we’re Godwin.
I do not agree with you. The law says “probable cause” not “Stop everyone leaving the store.” Let me tell you how I deescalate: I say no, and walk away. The ball is in their court: if they decide to use force to detain me, they had better have three things: 1) articulable evidence that they believe that >I< more likely than not have stolen their property and am attempting to remove those items AND 2) the force they used was reasonable, AND 3) the stuff they accuse me of stealing better rise to the level of a felony, because if all three of those are not the case, my lawyer will be called within the next 24 hours, and a lawsuit filed within the next week.
Stopping everyone leaving the store is NOT probable cause, unless they can prove that most of the people leaving their stores are shoplifters.
By walking away, the event is over and deescalated. If they choose to escalate to the use of force, they better be able to prove their case in court, because that is where we will wind up.
There was a case that actually happened here in Florida a few years ago, where a Kmart loss prevention officer tackled a suspected shoplifter and broke her arm. No shoplifted items were found. Kmart paid her over $3 million.