It works.

Today I purchased two books of classic rock sheet music from the MARS music store on Route 40. The usual register appeared to be closed, so the employee behind the counter told me to go to the guitar section and check out. I paid for my items and walked back to the exit.

On my way out the door, I noticed the sign saying that they had to check receipts for all products upon leaving the store, and a gentleman sitting behind a small desk waiting for shoppers to walk by. I thought this was amusing, and since I didn't intend on shopping at MARS again until they've forgotten about me, I decided to try out a few legal tricks I learned over the last few months concerning property rights, namely:

1. Once you pay for your items, they belong to you, just like anything else you may have brought into the store, like the clothes you're wearing, the watch on your wrist, the shoes on your feet or the cell phone in your pocket. They are YOURS.

2. Nobody has the right to take your property from you, even to look through it, except a police officer on suspicion of wrongdoing.

3. A store employee does not have the right to detain you unless you have committed a crime, namely shoplifting. If they detain you and you have committed no crime, you can have them arrested for kidnapping and unlawful detention and quite likely win against them in a civil suit.

And it works.

Bags in hand, I walked briskly to the front exit past the two employees.

"He has to check your reciept," one called out as I walked past.

"No thanks," I replied, still walking at my brisk pace.

"No, he has to check your reciept before you leave."

I turned around to face them. "Thank you, I'm not interested."

They just stared at me for a moment. I smiled.

"Are you keeping me here, or can I leave?" I asked, very politely.

This statement is the key. If they say I can't leave, they've crossed the line into unlawful detention. Game, set, match.

"Fine," one replied in a minimum-wage huff, "Go ahead and be all high and mighty."

I laughed, and secure in my person and property, I left.

If they don't want me back, Amazon.com will get my business next time. It's the American Way.

• Best Buy Receipt Check Incident
• Loss Prevention and Receipt Checking

--

From: Brandon
Subject: Receipt Checking
Date: April 13, 2004 2:53:04 EDT
To: rob@vees.net

Informative website and it is great for consumers. Here are some links that you might want to add to your webpage. For example, the typical retailer excuse for receipt checking is that it is to stop shoplifters. Well, a 2001 study showed that employee theft is the leading cause of theft.

For the California consumer, Penal Code sections 490.5(f)(1) along with PC 837  allows a merchant to detain a customer for theft if they have PROBABLE CAUSE.  The key is probable cause and if the lack that they better leave that customer alone or face a civil lawsuit or if  physical force is used to illegally detain the customer possible criminal offenses of PC 242(battery) and P.C. 236 false imprisonment could be filed against the store and its employees. That will mean big $$$$$$$ in a civil suit.

Do you know that in China it is also illegal to check the receipts of customers without probable cause. Check out this link.

Property rights: "Trespass to chattels" basically prohibits others from substantially interfering with your personal property ("chattel"). Generally speaking, there must be an intentional physical contact with the chattel, and the contact must result in some substantial interference or damage.

Consumer Watchdog Group

#416

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