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Guys, need advice on a detention

The Trickster

Regular Member
Joined
Sep 21, 2012
Messages
216
Location
Arizona
It's started with May I see your receipt - no you may not.
The employee blocked me from leaving with his body then ripped the item out of my hand
Second police officer told me... Either i produce recept or i will be handcuffed and detained untill this gets resolved.... I also said no you may not see my receipt.... So i was detained and disarmed. And no time did I curse or lose my bearing.

I don't wanna give to much more detail because I'm still lawyer shopping and honestly this may not be a easy win case so I'm kinda having g a hard time finding a patriot lawyer.

Bytheway... Does anyone know the fella involved in the Thornton theater incident few years back? Might / could use his lawyer.

Just some food for thought:

The item that was ripped from your hand-was it in a bag or did it have something on it to indicate that it had been purchased? If not, you may have a hard time with this one as I could see a lot of people siding with the receipt Nazi insomuch that anyone could just walk into the store, fetch said item, and walk right out. Of course, the argument could be made that someone could also just walk in with a few Walmart plastic bags, fill them up with stuff, and walk right on out just the same. At the end of the day, uninvolved parties will decide who was more reasonable: you or them.
 

lukaszu

Regular Member
Joined
Aug 5, 2012
Messages
73
Location
Brighton
Ok well lawyers I talked to say I have a case but the cost will be greater then finantial compensation. I don't have spare 10 grand so I'm gona have to let this one over on me. I'm still waiting for a phone call from Walmart HQ about this even, if this doesn't have a satisfactory outcome I'll go the letter route.

Note to self... Receive good beating next time too*
 
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The Truth

Regular Member
Joined
Jul 18, 2014
Messages
1,972
Location
Henrico
I was stopped by an intellectual midget at the exit at WalMart once. The genius had just watched me check out at the register about 20 feet away. I was open carrying and had my 4 year old with me. I stopped long enough to get my fill of argument and shame the poor neglected soul for being a shill, told the person to do what they've gotta do, and turned away and walked out. Wasn't an issue. No one chased me and if the cops did show up I wasn't aware because I left.

The key is to keep any argument VERY simple, stick to it, stay completely calm yet assertive, and don't stop moving. You should be offended that they think they have a right to detain you and you should argue every step of the way. THEY ARE WRONG. What's right is right. If there is any physical contact whatsoever, even a touch on the arm, press charges. I would.

In the future I will not even stop, and if they attempt to detain I will resist with whatever force is necessary to safely get home. It's an illegal detention, plain and simple. I'm not going to be intimidated by some idiot making nickels and dimes to harass good paying customers under color of law.

Good luck.
 

F350

Regular Member
Joined
Mar 22, 2012
Messages
941
Location
The High Plains of Wyoming
!

Judgement Affirmed! "[ ... ]A Walmart employee asked McKee to produce a receipt, but McKee refused and exited the store. An off-duty South Euclid police officer working as a security guard for Walmart followed McKee to the parking lot, stopped him, and instructed him to produce his receipt. Maintaining that he had no legal obligation to do so, McKee again refused to show his receipt. The security guard called for police assistance. Two officers responded and ordered McKee to show identification. He refused, causing the officers to place him under arrest. McKee then relented and showed the police his identification and receipt, at which point they released him without charge. In response to McKee’s citizen complaint about the incident, the police sought an opinion from the city law director, who concluded that the police officers acted appropriately by detaining McKee when he failed to identify himself while being held on suspicion of shoplifting. [ ... ]"

A city official found in favor of the city

 

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
I find a lot to agree with in other posts here.

1-Being polite and direct can often prevent an issue before it arises.

2-If one doesn't like a private policy one can choose to shop elsewhere.

3-If a private policy is not supported by law and is offensive, one might well be doing society a favor by not abiding the policy while still patronizing the given store.

I've personally never found the policy of showing a receipt to be offensive and in the past have argued that one ought to either abide it or shop elsewhere. But some clearly view it as violation of their rights. They might have a point for those cases where items are bagged or there is other evidence to indicate the items have been properly paid for. OTOH, if there is evidence the item might not have been properly paid for, such as an active anti-theft device alarming, I think a receipt check is fully justified and the customer ought to be cooperative.

But in those cases where there is evidence the item has been purchased, and no evidence it hasn't been purchased, then perhaps individual rights must take some precedence over the claimed private property rights of the store.

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The Trickster

Regular Member
Joined
Sep 21, 2012
Messages
216
Location
Arizona
True story:

I once shopped at two different Walmarts in a single day as I had forgotten a few things at the first one, and I placed the receipt from the first location in my back pocket as I normally do. When checking out at the second store, the cashier placed my receipt into one of my bags and not thinking clearly, I accidentally handed the receipt from the first store to the checker while on the way out. What do you know, he didn't even seem to notice that absolutely nothing in my possession was listed on the receipt. :rolleyes:
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
True story:

I once shopped at two different Walmarts in a single day as I had forgotten a few things at the first one, and I placed the receipt from the first location in my back pocket as I normally do. When checking out at the second store, the cashier placed my receipt into one of my bags and not thinking clearly, I accidentally handed the receipt from the first store to the checker while on the way out. What do you know, he didn't even seem to notice that absolutely nothing in my possession was listed on the receipt. :rolleyes:
Even an eagle must keep his/her eyes open. :lol:
 

Firearms Iinstuctor

Regular Member
Joined
Jul 12, 2011
Messages
3,428
Location
northern wis
True story:

I once shopped at two different Walmarts in a single day as I had forgotten a few things at the first one, and I placed the receipt from the first location in my back pocket as I normally do. When checking out at the second store, the cashier placed my receipt into one of my bags and not thinking clearly, I accidentally handed the receipt from the first store to the checker while on the way out. What do you know, he didn't even seem to notice that absolutely nothing in my possession was listed on the receipt. :rolleyes:

The one or two times I was checked the local store has stopped doing this a while ago.

I don't think that the checkers read the receipt unless you had an un bagged item on or in your kart.

When I watch the process if some one came out with an un bagged item then they would check the receipt against that.

Usually larger items like TV's ect.
 

Firearms Iinstuctor

Regular Member
Joined
Jul 12, 2011
Messages
3,428
Location
northern wis
Even an eagle must keep his/her eyes open. :lol:

The greeters/checkers are not highly paid professionals.

Even then boredom can take over and things can slip by.

On the military base I visited and worked on often had the policy of checking picture IDs when you entered. Most of the time I would just flash open my badge case and ID and drive through.

Then all of a sudden they were asking for you to take out the ID and hand it to them. Even when one was in a marked patrol vehicle.

Seems when the new base commander rolled up on his first day he handed the guy at the front gate a credit card the gate guy never looked at it and handed it back and wave the commander through.

Thus the policy of personally handing the IDs.
 
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dmatting

Regular Member
Joined
May 25, 2011
Messages
445
Location
Durham, NC
I was in the market for a motorcycle battery a couple years back and looked at the walmart website which told me there were a few of the batteries that would work for my bike in stock at a particular store. I went there and searched high and low and found nothing. I found some similar batteries in the clearance aisle but not the particular model I needed. I asked an employee there why it said they had them in stock when they clearly didn't. He told me that they could have been stolen. He said that there were instances where someone comes in the store, gets a cart, puts batteries in the cart, and then walks out the store. Then he said they aren't allowed to do anything about it other than call the cops - it was policy to let them go unmolested.
 

lukaszu

Regular Member
Joined
Aug 5, 2012
Messages
73
Location
Brighton
Call from management

I talked to the store manager, he seems to be legimatly apologetic. Has invited me to have a sit down chat at his store on Monday. (hope it's not a trap)
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
I talked to the store manager, he seems to be legimatly apologetic. Has invited me to have a sit down chat at his store on Monday. (hope it's not a trap)

Off course he wants to smooth it out, I went through the same thing several years ago with a Spring Lake Walmart. I not only got an apology, I was offered a gift card, which I refused. I did not have the cops called on me, though the LP did make that threat. He was eventually fired over the incident, but the store manager cannot fire or control LP from what she told me. LP answers only to corporate, she had to request an investigation to get him terminated. The employees involved were invited to more training in customer relations.

They have again started the policy at the new Walmart north of Spring Lake, a older lady tried to stop my wife, and I. She didn't ask for a receipt, she demanded it, we walked around, and continued on our way. Last time we have been in that Walmart. They do not do it in our Sanford Walmart so we still shop there. But if they start, our shopping will consist of Food Lion, and Amazon, or K Mart if they are still open.

Food Lion employees are fired if they attempt to stop any customer without probable cause, and then only managers/dept heads are allowed to detain.

BTW I have no problem with being banned from Walmart, there are other companies that are happy to take my money. But it is their right to ban anybody they want to, not good business policy though.
 
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Anubis

Newbie
Joined
Sep 16, 2006
Messages
451
Location
Arapahoe County CO, ,
...I accidentally handed the receipt from the first store to the checker while on the way out. What do you know, he didn't even seem to notice that absolutely nothing in my possession was listed on the receipt. :rolleyes:

He obviously did not read past the Wal-Mart logo at the top of the receipt. If it were late in his shift, his eyes were probably glazing over.

I virtually never go to a Wal-Mart, but typically exit any store with the receipt in my hand because I refuse plastic bags. I would probably let a checker read it with no reaction on my part. If I were in a nasty mood, I might then immediately re-enter the store and reverse the transaction.

If I didn't buy anything and walked out empty-handed I would definitely resist any kind of non-LEO challenge.
 
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