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In article 0WBEd.45565$8l.26799@pd7tw1no, "Tom H"
wrote: what would happen if you stuck a security tag on your shoe, set off the beeper, and refuse to voluntarily accompany security personnel to their backroom for an 'interview' saying you didn't take anything and you're in a hurry, causing them to physicaly manhandle you into the office where they search you (if that was what they did) and find nothing. Assuming they don't find out you engineered the whole scenario, do you think you would be able to sue them? would they want to settle out of court? anyone have any thoughts on this? A better question is what would happen if you refused to let the clerk at the door inspect your bag on the way out even when alarms don't go off. Most electronics stores (Best Buy, Circuit City, etc.) where I live station someone at the exit and ask each person to see their receipt as they walk out. What if you refuse? You haven't stolen anything so there's no legal basis for them to detain you in any way. And once you tender payment at the register and the money passes from your hand to theirs (or your account to theirs), the merchandise is no longer even their property-- it's yours-- so they have no legal claim to inspect it. The most they can do is say that you're not complying with their rules on their private property so you're trespassing but the remedy for trespassing is to demand the person leave the premises, which is what you were doing when the whole thing started in the first place. |
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