[Robotgroup] Radio Shack is dead! *DEAD* I Tells ya!

[Evan Harris]

Strictly speaking, the 4th amendment doesn't apply in this case, as it only 
covers searches performed by the /government/ or its assigns.

A private entity is free to make any requests it wants.  But they are only 
/requests/.  You do not have to aquiesce, and the extent of their 
"law-enforcement" type of authority is to make a citizens arrest if they 
feel they have strong enough proof that you have stolen something that they 
are willing to risk a wrongful arrest countercharge, along with deprivation 
of liberty, etc.  And the ensuing bad PR.

I don't believe they can refuse to allow you to take your purchases even if 
they were to completely refund your money, as once the sale is completed the 
property becomes yours and you are not required to sell it back to them if 
you don't want to.

Other than that, they may be able to (although I've not really heard of any 
cases of this) ban you from coming into their establishment in the future. 
I don't know if there's case law covering this though.  And who knows what 
they can or can't do as far as enforcement of that...

IANAL.

Evan


On Mon, 30 Jul 2007, Vern Graner wrote:

> Nick Pietraniec wrote:
>> I also hate being treated like a criminal and having my belonging
>> searched when I leave the store.
>
> <soapbox>
>
> Let me make this clear:
>
> I NEVER LET THEM CHECK IN MY BAG.
>
> They have NO RIGHT to go through a container that I own. Would you let
> just anyone check your wallet? Your purse? The trunk of your car? No?
>
> Then why on *earth* would you let them check in a bag you just bought?
> Say "No Thank You" when they approach you on exit and just walk right
> past them.  They do NOTHING about it. It does NOT affect your ability to
> return goods or your warranty.
>
> If you don't want to say "no thank you" , then just flip open your cell
> phone and start saying (best to do in an annoyed voice) "I'll be there
> as soon as I can! I'm just leaving Frys now.." etc and pretend not to
> notice the exit droids. They will not stop you. If they do, ask them if
> they are a police officer and, if so, where's their search warrant?
>
> Ever heard of the 4th Amendment?
>
> ------------------------ CLIP --------------------------
> The right of the people to be secure in their persons, houses, papers,
> and effects, against unreasonable searches and seizures, shall not be
> violated, and no Warrants shall issue, but upon probable cause,
> supported by Oath or affirmation, and particularly describing the place
> to be searched, and the persons or things to be seized.
> ------------------------ /CLIP -------------------------
>
> http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution
>
> Read the constitution and get familiar with your rights as an US citizen
> and/or consider joining the EFF:
>
> http://www.eff.org/
>
> </soapbox>
>
> :)
>
> Vern
>
> -- 
> Vern Graner CNE/CNA/SSE    | "If the network is down, then you're
> Senior Systems Engineer    | obviously incompetent so why are we
> Texas Information Services | paying you? Of course, if the network
> http://www.txis.com        | is up, then we obviously don't need
> Austin Office 512 328-8947 | you, so why are we paying you?" ©VLG
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