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Old January 10th 05, 11:46 PM
BTR1701
 
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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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