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re: Constitutional lawyers : Is Walmart demand to show receipt legal?

Posted on 5/7/20 at 3:40 pm to
Posted by oleheat
Sportsman's Paradise
Member since Mar 2007
14872 posts
Posted on 5/7/20 at 3:40 pm to
quote:

He did not try to detain me.



Did you verbally verify by asking 'Am I being detained?'?
Posted by Thib-a-doe Tiger
Member since Nov 2012
36819 posts
Posted on 5/7/20 at 3:41 pm to
quote:

You know, I don't think they do. This is because the transaction is over. The items in the possession of the customer are property of the customer, whether he/she is in the store or not.




I tell that to the cops when they ask to see my registration. They always let me go immediately
Posted by piratedude
baton rouge
Member since Oct 2009
2811 posts
Posted on 5/7/20 at 3:44 pm to
Just tell him that would be glad to let him look at the receipt while the customer service clerk processes your refund of all the things in your cart.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41713 posts
Posted on 5/7/20 at 3:46 pm to
quote:


What say you civil libertarians?



Not reading 12 pages, but here is what I say.

When you enter into a store, of your own free will, you agree to abide by the policies of said store. You are not required to enter said store, and said store is not required to serve you.

Constitutional rights involve you and your government. That's why the cop tried to get you to listen to the employee, but then did not go after you.

If you don't like the idea of Walmart checking receipts, it's a simple solution - find another place to shop.
Posted by castorinho
13623 posts
Member since Nov 2010
88353 posts
Posted on 5/7/20 at 3:46 pm to
quote:

Says he took the time to comment.
I get paid to post here, joke's on you
Posted by oleheat
Sportsman's Paradise
Member since Mar 2007
14872 posts
Posted on 5/7/20 at 3:46 pm to
quote:

t's Walmart's decision to check receipts and if you don't like it you can shop elsewhere.



I agree. But I have to admit it's a bit weird if they ask to check your e-receipt when you use "Walmart Pay"...Not too keen on the idea of surrendering my phone to them. But that's only happened to me once at a store that's a nazi about it. So I just choose to not use that payment method at that location....
Posted by angus1838
Southeast Alabama
Member since Jan 2012
923 posts
Posted on 5/7/20 at 3:48 pm to
I am kind of on your side OP. I did basically the same thing 16 years ago only difference is I turned my buggy around went straight to customer service where I showed the receipt as I returned all items bought. One of a few great life decisions I have made cause since that day I have not set foot in a Walmart.
Posted by tigersbb
Member since Oct 2012
13261 posts
Posted on 5/7/20 at 3:49 pm to
quote:



Did you verbally verify by asking 'Am I being detained?'?


No, Once the sentinel confirmed I was not being accused of a crime I stated there is no constitutional basis for me to show the receipt and just walked away. The only complaint they could make at that point is I refused to show my receipt.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41713 posts
Posted on 5/7/20 at 3:51 pm to
quote:

I've often wondered what's the point in those people other than to provide someone with a job. Surely the aggregate they spend on employing those people nationwide is more than what they save on preventing loss due to theft. Most big box retailers don't go after shoplifters anyway as the liability is too high.



They probably don't catch many people, but they very well may prevent people from stealing in the first place. What they are really looking for is something that is not on your receipt. If your receipt shows you spent $14.78 and you have a 55 in tv in your cart, etc.
Posted by FCP
Delta State Univ. - Fightin' Okra
Member since Sep 2010
5217 posts
Posted on 5/7/20 at 3:58 pm to
quote:

don't patronize their PRIVATE business.

That logic works all the way up until that PRIVATE business engages law enforcement in pursuit of their endeavor. I mean you can still avoid it by shopping at Target (and, IMHO, peruse a better overall quality of MILF), but Walmart’s presence basically precludes other market options. So, they are operating a publicly accessible essential service, so when they engage with law enforcement to aide loss prevention, it’s a Constitutionally slippery slope.
Posted by AlonsoWDC
Memphis, where it ain't Ten-a-Key
Member since Aug 2014
9387 posts
Posted on 5/7/20 at 4:00 pm to
This thread is exactly why most people have no idea what constitutional rights actually are.

You, as an American, don't possess the right to walk into Walmart, on their property, and do what you feel.
Posted by fatboydave
Fat boy land
Member since Aug 2004
17979 posts
Posted on 5/7/20 at 4:02 pm to
quote:

This thread is exactly why most people have no idea what constitutional rights actually are.

You, as an American, don't possess the right to walk into Walmart, on their property, and do what you feel.

Bruh...what constitution do you read?
Posted by AlonsoWDC
Memphis, where it ain't Ten-a-Key
Member since Aug 2014
9387 posts
Posted on 5/7/20 at 4:03 pm to
quote:

Bruh...what constitution do you read?


Tell me where in the constitution you have that right.
Posted by AbitaFan08
Boston, MA
Member since Apr 2008
27902 posts
Posted on 5/7/20 at 4:05 pm to
quote:

Bruh...what constitution do you read?


Bruh...he's right.
Posted by zeebo
Hammond
Member since Jan 2008
5437 posts
Posted on 5/7/20 at 4:05 pm to
If you show it to them, they won’t even look at it.
Posted by cable
Member since Oct 2018
9735 posts
Posted on 5/7/20 at 4:07 pm to
It's the cops involvement that brings a constitutional issue into the matter. Wal Mart still can't do whatever they please just because it's happening on their property.
Posted by tigersbb
Member since Oct 2012
13261 posts
Posted on 5/7/20 at 4:11 pm to
quote:


This thread is exactly why most people have no idea what constitutional rights actually are.

You, as an American, don't possess the right to walk into Walmart, on their property, and do what you feel.


Tell me exactly how I " did as I feel. "

The allegation was I did not do something by refusing to show my receipt. They were asking me to prove I did not steal. There is no obligation for me to do this. The store can then make a decision on how far to escalate it. If they choose wrong they may face legal action from me.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41713 posts
Posted on 5/7/20 at 4:14 pm to
quote:

That logic works all the way up until that PRIVATE business engages law enforcement in pursuit of their endeavor. I mean you can still avoid it by shopping at Target (and, IMHO, peruse a better overall quality of MILF), but Walmart’s presence basically precludes other market options. So, they are operating a publicly accessible essential service, so when they engage with law enforcement to aide loss prevention, it’s a Constitutionally slippery slope.


But the OP proved the system works fine. Greeter tried to stop the guy. Guy said no. Greeter went to police. Police tried to get guy to play along in the interest of keeping the peace. Guy said no. Cop asked greeter if greeter had probable cause. Greeter said no. Cop didn't go after OP.

If the cop tried to further detain the guy, then maybe we do have an issue, but that's not what happened. And if greeter said yes, I think he stole something, the cop now has probable cause to at least ask a few questions.

You also have to consider the fact that the cop is 99.9 percent likely to be working a detail, so he kinda IS working for WalMart, at that moment, more than he is working for the government.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
41713 posts
Posted on 5/7/20 at 4:16 pm to
quote:

The allegation was I did not do something by refusing to show my receipt. They were asking me to prove I did not steal. There is no obligation for me to do this. The store can then make a decision on how far to escalate it. If they choose wrong they may face legal action from me.


Ok Karen, the appropriate response would be for you to find another place to shop. I'd also be fine if WalMart banned you from shopping there, since you don't want to follow their rules.

You do not have any constitutional right to shop at WalMart. Period.
Posted by tigersbb
Member since Oct 2012
13261 posts
Posted on 5/7/20 at 4:25 pm to
quote:


But the OP proved the system works fine. Greeter tried to stop the guy. Guy said no. Greeter went to police. Police tried to get guy to play along in the interest of keeping the peace. Guy said no. Cop asked greeter if greeter had probable cause. Greeter said no. Cop didn't go after OP.

If the cop tried to further detain the guy, then maybe we do have an issue, but that's not what happened. And if greeter said yes, I think he stole something, the cop now has probable cause to at least ask a few questions.

You also have to consider the fact that the cop is 99.9 percent likely to be working a detail, so he kinda IS working for WalMart, at that moment, more than he is working for the government.


The officer had a city police car parked in front of the store. Not sure if he was on a paid detail. This was in a small town.

Neither the Walmart employee or the officer were rude or disrespectful and I have no issue with either one personally. Its the presumptive nature of the corporation that I find offensive. I understand their reasoning but innocent people should not have to prove they did not commit a crime.

There are many crimes which could be prevented or solved in other venues if police could just stop every one any time they want on the possibility they would catch a criminal 2% of the time. Yet there are laws and rules which govern this conduct to prevent this from happening.
I find it offensive that shoppers must prove their innocence just for the sake of shopping at certain stores.
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