[quote name='DarkRider23']Uh, no. How about you don't give people shitty incorrect information? Unless the store has reasonable proof other than "You're not showing your receipt" to think you're shop lifting, then they can't do shit. Shopkeeper's privilege can be used in other scenarios, but by no means can they be used for not showing your receipt.
Here are some basic rules that stores have to go by to protect themselves from false arrest civil suits for holding customers hostage.
- You must see the shoplifter approach the merchandise
- You must see the shoplifter select the merchandise
- You must see the shoplifter conceal or convert the merchandise
- You must maintain continuous observation of the shoplifter
- You must observe the shoplifter fail to pay for the merchandise
They can't hold you under arrest or as a hostage just for not showing a receipt. You are not obligated, under any circumstances, to show a receipt once you have paid for your items. Edit - Unless you signed a contract.[/QUOTE]
At common law, for shopkeeper's privilege to apply:
1. There must be a reasonable belief as to the fact of theft
2. The detention must be conducted in a reasonable manner and only nondeadly force can be used; and
3. The detention must be only for a reasonable period of time and for the purpose of making an investigation
While every state's statutes will vary, here's the relevant portion of California's codification of common law:
(1) A merchant may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the merchant has probable cause to believe the person to be detained is attempting to unlawfully take or has unlawfully taken merchandise from the merchant's premises.
(2) In making the detention a merchant, theater owner, or a person employed by a library facility may use a reasonable amount of nondeadly force necessary to protect himself or herself and to prevent escape of the person detained or the loss of tangible or intangible property.
(3) During the period of detention any items which a merchant or theater owner, or any items which a person employed by a library facility has probable cause to believe are unlawfully taken from the premises of the merchant or library facility, or recorded on theater premises, and which are in plain view may be examined by the merchant, theater owner, or person employed by a library facility for the purposes of ascertaining the ownership thereof.
(4) A merchant, theater owner, a person employed by a library facility, or an agent thereof, having probable cause to believe the person detained was attempting to unlawfully take or has taken any item from the premises, or was attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater, may request the person detained to voluntarily surrender the item or recording. Should the person detained refuse to surrender the recording or item of which there is probable cause to believe has been recorded on or unlawfully taken from the premises, or attempted to be recorded or unlawfully taken from the premises, a limited and reasonable search may be conducted by those authorized to make the detention in order to recover the item. Only packages, shopping bags, handbags or other property in the immediate possession of the person detained, but not including any clothing worn by the person, may be searched pursuant to this subdivision. Upon surrender or discovery of the item, the person detained may also be requested, but may not be required, to provide adequate proof of his or her true identity.
(7) In any civil action brought by any person resulting from a detention or arrest by a merchant, it shall be a defense to such action that the merchant detaining or arresting such person had probable cause to believe that the person had stolen or attempted to steal merchandise and that the merchant acted reasonably under all the circumstances.
Probable cause is the factual and practical considerations of everyday life on which reasonable and prudent men act. - The reasonable belief described at the common law.
If you purchase a giant bag of dog food at the back register of a Wal Mart then walk to the front, you refuse to show your receipt, and you keep making a bee line toward the door, the employee certainly has reasonable belief / probable cause to believe that you're attempting to steal the bag of food.
Same shit at Target if you buy a video game in the electronics section then walk to the front and out the door with it. A Target rent a cop could ask you to see your receipt and if you don't show it, he'd definitely have reasonable belief / probable cause to detain you further.
The detention is not an arrest. Its supposed to be reasonable to determine whether or not you've stolen the shit. Its completely reasonable to step in front of you, say "Excuse me sir, may I see your receipt for that item?" and expect it to be shown to you.
If the above isn't enough proof for you, have you ever step foot inside a Fry's Electronics? You make a purchase, they check your receipt and your bag before you walk out the door to make sure you didn't swipe anything extra and to make sure you have the correct items in your bag. No one ever signed a contract to have your receipt checked with them.
Same thing at Best Buy. Certain purchases will trigger the dude in the yellow shirt at the door to check your bag and receipt, especially if you're making the purchase at POS other than those front registers. You don't sign a contract to have your receipt checked there either.
Failure to show your receipt is definitely probable cause to detain you to further investigate whether or not you've stolen something. The next step would be to then do something like ask what cashier you purchased from and they would then confirm with that cashier that you did indeed purchase the items you're holding.
That's a reasonable investigation and the detention for such an investigation would not last very long.
Those "basic rules" you posted are not the law, they're a CYA to minimize lawsuits. But in any event a stop to check to receipt or to confirm with a certain employee that the purchase was made is completely reasonable under the circumstances, ESPECIALLY when you refuse to show your receipt.
So don't be a dick and make it harder on yourself or on the store. Just show the damn receipt because they have every right to ask to see it. You may not HAVE to show it, but should you make that decision you're just setting yourself up to be lawfully detained for a reasonable investigation.
If an employee cowers at your threat of legal action, that doesn't mean you actually know the law correctly. They likely don't know the law or they may just be gambling that the stolen goods are worth less than a potential lawsuit even if they have every right to detain you and ask for your receipt and would win in said lawsuit because of their privilege.