Wal-Mart strikes again.

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  • foszoe

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    Certainly your choice. I won't give a bit. Even when I bought a laptop back in electronics and the cashier forgot to take the security band off...
    Used to be that belligerent about it myself.

    Then one day I got home and realized there was an item I hadn't paid for.
     

    OurDee

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    Used to be that belligerent about it myself.

    Then one day I got home and realized there was an item I hadn't paid for.
    Back in the day........... I made it out of a store with the little stick-on security tag not deactivated. The door sirens were wailing. It was on a cold medicine pack. The only item I was buying as I was sicker than a dog. Most likely why they didn't chase me down. I went back to the store days later with the security tag and glued it under the child seat on one of their carts in the parking lot. Then put it in the cart corral.
     

    Cameramonkey

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    I stop frequently at the Beech Grove walmart. They are one of the stores that demands a receipt check. If its not a large expensive item like a bike or a big screen tv, they get the *holds receipt up in the air* "no thank you. Have a blessed day!" (repeat as required as I continue to walk out the door)
     

    chipbennett

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    How does the store deal with a refusal to be detained? If I have no legal obligation to show a receipt, I'm not stopping.

    The problem that I have with this decision is that the ruling indicated that the stores could lawfully detain people if they have RAS that such people had shoplifted - but apparently doesn't require the store to articulate that RAS, but rather merely state the suspicion.

    You want to call the police? Fine. You want to trespass me? Sure; that's within your right.

    But you're not detaining me, because I'm not staying. "You can't leave!" "Watch me."
     

    HoughMade

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    It's an unpublished decision meaning that it doesn't have precedential value. I surmise that this is because the plaintiff was purposefully making it look like he was shoplifting even though he was not, simply to create a case against WalMart. The decision above isn't very useful in determining what would happen if they tried to detain a guy just going about things normally.
     
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    Alamo

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    Walmart's house, Walmart’s rules. Don’t want to show receipt, don’t shop there. Feel insulted? Don’t shop there. But knowing the rules, and then going in and deliberately creating a scene seems… churlish at best.

    I shop at Walmart as little as possible, but not because of the receipt. I do not like the crowds, the self-checkout, nor the parking lot. The receipt checking is way down the list. So I shop at the more expensive, smaller, and more convenient grocery store in town and order from Amazon.
     
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    Hoosierdood

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    I haven’t been in a Walmart for at least 5 years so I’m a little ignorant of their rules. Have they implemented a policy of checking all receipts like Sam’s club?

    I can understand if they set a policy of checking EVERY receipt, but if they are arbitrarily checking receipts of let’s say 10% of the customers with no consistent application of the rule, they can pound sand.

    I shop at Sam’s club and have no problem with checking receipts. Everyone gets checked and it’s an agreed upon policy. I won’t stop for a store employee who picks me out at random to check my receipt.
     

    rhamersley

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    Must be an "in the city" thing. I've never been asked to show a receipt at the Walmarts in Hendricks county. My trips there have decreased dramatically the last few years, but still haven't seen it except when the buzzer thing goes off.
     

    chipbennett

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    Walmart's house, Walmart’s rules. Don’t want to show receipt, don’t shop there. Feel insulted? Don’t shop there. But knowing the rules, and then going in and deliberately creating a scene seems… churlish at best.

    I shop at Walmart as little as possible, but not because of the receipt. I do not like the crowds, the self-checkout, nor the parking lot. The receipt checking is way down the list. So I shop at the more expensive, smaller, and more convenient grocery store in town and order from Amazon.
    I don't have to consent to a receipt search or to a detention. If they don't like it, they can trespass me.

    On the latter point: yes, I agree. I would not instigate a situation. I've got more important things to do.
     

    chipbennett

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    It's an unpublished decision meaning that it doesn't have precedential value. I surmise that this is because the plaintiff was purposefully making it look like he was shoplifting even though he was not, simply to create a case against WalMart. The decision above isn't very useful in determining what would happen if they tried to detain a guy just going about things normally.
    What makes this incident unique, and doubtfully applicable to normal circumstances, is that the guy in this case conducted himself in a manner intended to cause his own detention, because of his stated intent to conduct a "sting" to have grounds to sue WalMart.

    The takeaway: the "shopkeeper's privilege" requires articulable probable cause of shoplifting. In this case, any probable cause that WalMart employees could possibly articulate that he was shoplifting was created intentionally by the man himself. If you're just leaving the store normally, you're not providing any probable cause that you're shoplifting.
     

    chipbennett

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    I haven’t been in a Walmart for at least 5 years so I’m a little ignorant of their rules. Have they implemented a policy of checking all receipts like Sam’s club?

    I can understand if they set a policy of checking EVERY receipt, but if they are arbitrarily checking receipts of let’s say 10% of the customers with no consistent application of the rule, they can pound sand.

    I shop at Sam’s club and have no problem with checking receipts. Everyone gets checked and it’s an agreed upon policy. I won’t stop for a store employee who picks me out at random to check my receipt.
    Sam's Club, like Costco, is a private member shopping club. WalMart is open to the general public. That's why Sam's Club can make an enforceable receipt-checking policy, while WalMart cannot.
     
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