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Shoplifter Detainment

ekucrj

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In kentucky merchants do have the ability to detain you if they believe you a shoplifter and you are not authorized to use force against them for doing so. It is stated in the CCDW class offered by the state
 

ekucrj

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As soon as I can get to my ccdw course Information Ill post it. Specifically says in there you can't use force against law enforcement officer or merchant
 

boohickey11

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I think I beat you to it.

KRS 503.050

(1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is necessary to protect himself against the use or imminent use of unlawful physical force by the other person.
Since the merchant is given legal authority to detain a suspect it makes the use of physical force "lawful" making any force used against the attempted detaining "unlawful" according to the above statute.
 

deepdiver

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Apr 2, 2007
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Montanya wrote:
Only once has a bag checker at a Best Buy INSISTED ON seeing my recipt. I had about 250$ worth if items in my bag that I purchased. I informed him it was my property at this point since I had paid for it and did not have to let him see it. He said they would assume I stole it if I didn't sooo...I tell him he can follow me over to customer service then while I empty all the items out of my bag. When I do he matches it to the recipt and says everything checks out. I then look at the person at the service desk and inform him I wish to return all these items because the guy at the door treated me like a shoplifter. The manager tried to apologize and turn the "corporate policy" thing. Like I told them, if you SAW me take something I can see you wanting to search my bags but to WATCH me walk the 3 feet from the register to the door and insist on searching my bag....screw you.
As I was reading the thread I was thinking that I would do exactly what you did. The only place I have ever been asked to show a receipt is at Sam's Club, which, is part of being a member. Not a big deal to me. The only other occasions I have had to show a receipt has been when a checker did not deactivate a security device in which cases it was totally understandable and reasonable to me.
 

psmartin

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deepdiver wrote:
Montanya wrote:
Only once has a bag checker at a Best Buy INSISTED ON seeing my recipt. I had about 250$ worth if items in my bag that I purchased. I informed him it was my property at this point since I had paid for it and did not have to let him see it. He said they would assume I stole it if I didn't sooo...I tell him he can follow me over to customer service then while I empty all the items out of my bag. When I do he matches it to the recipt and says everything checks out. I then look at the person at the service desk and inform him I wish to return all these items because the guy at the door treated me like a shoplifter. The manager tried to apologize and turn the "corporate policy" thing. Like I told them, if you SAW me take something I can see you wanting to search my bags but to WATCH me walk the 3 feet from the register to the door and insist on searching my bag....screw you.
As I was reading the thread I was thinking that I would do exactly what you did. The only place I have ever been asked to show a receipt is at Sam's Club, which, is part of being a member. Not a big deal to me. The only other occasions I have had to show a receipt has been when a checker did not deactivate a security device in which cases it was totally understandable and reasonable to me.
You should have kept walking. I collected a 5 figure settlement from Walmart a few years ago when I was "forcibly detained & slightly injured" at the front door.. and I had paid for the merchandise.

Refuse to show your receipt(unless at a club-store, ie: Sam's, Costco, BJ's) and keep walking.. if you get lucky.. you MIGHT JUST WIN THE JACKPOT..

Important note: If you are ever "forcibly detained", going to the emergency room for xray's & evaluation is the GOLDEN TICKET to money.
 

ekucrj

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So go out of your way to try and cause a problem so you can try and sue them when they stop you. Good plan psmartin. You are a real piece of:cuss:
 

psmartin

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ekucrj wrote:
So go out of your way to try and cause a problem so you can try and sue them when they stop you. Good plan psmartin. You are a real piece of:cuss:
I don't see a problem at all. If you want to let the Walmart's, Best Buy's and Circuit City stores gang-tackle customers they think are shoplifting, then it's a major blow(pardon the pun) to consumer's rights.

It re-interates that stores DO NOT have the right to "stop & frisk" customers going out the door because they don't produce a receipt.

If you're going to allow a "major retailer" to let their goons 1) illegally detain 2) assault 3) injure & 4) harm your character ..then more power to you.

Ever wonder why most retailers have policies against strong-arm detainment of customers & "let it go" policies?

It's because it's much cheaper to loose a $50 boombox that someone is ACTUALLY STEALING than to pay out "a substantial settlement" because a well-meaning yet stupid employee makes a mistake.
 

OnlineErie.com

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Jan 4, 2008
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ERIE, PA., Pennsylvania, USA
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soloban wrote:
I used to work security at Target in OK back in college and there was a 5 step process I'm not sure I remember all of them but the gist is:
The first step is observing them entering the store. That is why you will see the cameras and monitor near the entrance. Video can be substituted for the ACTUAL observation.
I was LP for WALMART until they phased that out. One way to beat LP is to visit the restroom PRIOR to going to the register. Once you enter the restroom, LP can NOT stop the person upon leaving the store...REASON isLP lost constant viewing of the subject. You MUST observe another concealment and meet all requirements for the stop.
AND you are so correct...a bad stop is not good for your career in Loss Prevention.
Dave Martin
 

ghostrider

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Jul 24, 2007
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ekucrj wrote:
So go out of your way to try and cause a problem so you can try and sue them when they stop you. Good plan psmartin. You are a real piece of:cuss:
Like the poster said,
"If you don't want your rights, don't assert them. But then, don't begrudge those that do."

And like someone else once said,
"We ask not your counsel nor your arms."

Not consenting to a search is not "going out of your way to try and cause a problem so you can try and sue them when they stop you." It's asserting your rights, and holding people accountable when they violate them. If more of us did this, we'd have more of our rights, and there would probably be less violations of them.
 
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