another bloody yank

How could they prove otherwise without asking him to empty his pockets?

Rompers

Yes its a hard one isn't it. I imagine that police officers all over the world (well maybe not in Iran) struggle with the same dilemma but its the price of living in a free society.

Here's what WalMart could do:

Train staff that they should only accuse their customers of theft if they are sure of their facts.

Even if they are sure, to treat the person with dignity and respect. "Sir, may I have a quick word in private, it will take no more than 5 minutes." Then, in the office, "Sir, I suspect you have taken something without paying. I can either call the police, or, if you would prefer to empty out your pockets, we could get this cleared up right now."

If they have made a mistake then recognise the severity of the accusation they have made and apologise...profusely and repeatedly and thank the customer for their time.

Now I just thought of that off the top of my head in 5 minutes. If WalMart were to pay a couple of grand in consultancy fees I'm sure I could come up with more.

RoadWarriorFromLP

Well stated, that's absolutely right. No retailers should believe itself to be a law enforcement agency exempt from Constitutional overview. It's important to teach these companies a lesson so that they don't presume themselves to have authority.

gruffbrown

Or BestBuy, I always felt uneasy in those two stores for some reason.

TruBrit

omg in bestbuy i can sense i'm being watched and i almost feel guilty of what i don't know when i leave the store.

fatbrit

Repeat after me:

People have inalienable rights granted by the Constitution.
Corporations only have privileges granted by the People.

Say 100 times before you go to bed!

Thydney

FB you're alive

Rushman

lauriejane

What an awful story! I think you need to know that the employees were formally reprimanded and you need a written apology from at least the manager. So much for "Customer Service."

TruBrit

and who gave you permission to edit my posts

another bloody yank

About ten years ago I was traveling across the state on my way to a friend's farm for some recreational shooting. I was pulled over for speeding. The state trooper let me off with a warning but asked if he could first search my vehicle as the route I was traveling was a "drug corridor". I assented as I had nothing to hide. He then asked if I had any weapons or contraband that I wished to tell him about before he began the search. I told him about the two rifles properly cased and stored as well as a couple of knives.

I sat in his vehicle and watched as he searched my truck. After inspecting my firearms he returned and with a much more serious demeanor, asked me to get out of the vehicle and put my hands on the hood, spread my legs etc... etc... (you've probably seen the routine on Cops ) It turns out that one of my rifles had been reported as stolen. Oddly enough, the company that reported the theft was the store where my parents had purchased the rifle as a birthday present for me ten years prior. If you knew my parents you would understand that the thought of them heisting a firearm from a major retailer would have been extremely funny had I not been currently handcuffed and in the back of a police car.

I was taken to the local jail where I was fingerprinted and had a mugshot taken. My clothing and personal belongings were taken and I was given an orange jumpsuit and slippers to wear and told that I could now place a phone call. My wife was at work and my Mother, bless her, would not accept a collect call from "Johnson County Jail" . I finally contacted my BIL and told him to tell my family where I was and what was going on. I was then taken to a cell which was my home for the next twelve hours at which time I was suddenly released. My clothing and personal items were returned and I was told that the company had decided not to press charges and I was free to go.

It turned out that the company (which no longer sells firearms and I think may even be out of business, BTW) had had problems with the sporting counter employees stealing firearms and then switching the serial numbers around on the paperwork to cover thier tracks.

After paying to get my truck out of impound it took about 2 years time and hiring a lawyer to get my arrest record expunged (It jepardized my security clearance for work) and have my rifle returned to me. In addition to the "trauma" of the original incident, I was out about $1500.00 in legal and various other beaurocratic fees as well as several days wages because I had to take off of work for court appearances and to eventually retrieve my rifle, both of which entailed me driving across the state.

I didn't expect compensation from the retailer nor did I sue for any.

/WARNING! CLICHES AHEAD!/

Shit happens. Life is too short to sweat the small stuff.

I think if I were in the OP's position I would have emptied my pockets and been on my way. In about 20 minutes time I imagine I would have forgotten it ever happened, much less considering a call to a lawyer.

Incidentally, nothing makes you appreciate freedom like a brief stay in a jail cell.

Sorry for the voluminous post.

MarkG

Which just goes to show that the correct answer to that question is almost always 'no'. As an American lawyer friend told me years ago, you almost never benefit from talking to cops, particularly without a lawyer present... there are so many laws that you're almost certainly guilty of breaking one.

As for the original poster, while I sympathise with stores trying to prevent thefts, from what I understand American store employees have no right to stop you leaving and are supposed to let you go if you say 'no' and walk out. Co-operating when you have 'nothing to hide' just makes your life difficult.

Plus, of course, if any store ever told me they thought I was a thief, I'd never go back there again; if they're going to accuse people they'd better be damn sure they're right.

another bloody yank

And then the Officer would have said "Great! Be on your way and have a nice trip!"

As it happened, after a few minutes conversation with the officer he noted my willingness to cooperate, mentioned that I did not seem the type to traffic in stolen firearms and there must have been some mixup at the retail store. He then went above and beyond (Calls to the Judge and Prosecuting attorney after his shift was supposed to have ended) to secure my (relatively) quick release.

Do you think he would have acted that way if I had forced him to secure a warrant (which he surely would have done) to search my truck?

Jerseygirl

Karma sent for that.

Manc

granted but it's entirely different being stopped by a cop whom is doing his job, to being stopped by a $6.50 per hour coffin dodger at Walmart.