Best Buy Blues

While leaving a Best Buy store today with a bag of MY purchased items, I was stopped by a store employee who asked to see my receipt. I said, "No, thanks." I refused to comply. I refused to have my privacy rights violated. Well, the employee pointed me towards a heavy set fellow who looked like a bouncer you may find at the local bar or club. I walked to this "bouncer" type Best Buy employee. I explained to him that I have the right to refuse to have my bag searched unless he has probable cause or suspicion of theft. He answered, "Everybody does it, no one complains." I told him again, "It is not right for Best Buy to search my bag." He insisted on checking my receipt and bag before he lets me leave. Well, at the time, I was unsure of the legal issues to my actions. I simply felt violated. But, without knowing exact legal rights for the store and me, I let the "bouncer" check my bag so I can go home to conduct research on this issue.

After doing the research, I discovered that it is unlawful for Best Buy or any retail stores to detain a customer leaving the store without PROBABLE CAUSE. In other words, stores have the right to ask if they could check your receipt and bag. You, as a consumer, have the right to refuse.

Crime Doctor writes, "Yes, as long as the inspection is voluntary. No, if the bag check is involuntary or coerced. This is a rather fine legal distinction that is subject to misunderstanding and abuse. Basically, nothing in the law gives the merchant the right to detain a customer for the purpose of searching a shopping bag unless there is a reasonable suspicion of retail theft."

If a Best Buy employee in California refuses to let you leave the store without probably cause, he or she would be in violation of California Penal Code section 236 which is false imprisonment according to the response to this blog about a similar experience.

Aaron Hopkins also writes, "But this verification step is purely voluntary. Merchants basically have two rights covering people entering and exiting their stores. They can refuse to let you enter the premises and/or to sell you anything, and they can place you under citizens arrest for attempting to leave the premises with any property that you haven't paid for. But the second you hand over the appropriate amount of cash, they lose all rights to the items. They can't legally impair you from leaving the store with your property."

So that's that. We have the right to say, "No, thanks.", when a retail store employee asks us to show him or her our receipts and bags. No one can detain us without probably cause. Next time, when an employee demands to see your receipt and to search your bags, just ask them if you were being detained under the suspicion of theft. If they answered yes, call the police and have them arrested. We earned our rights. We have our rights. We must protect our rights.

Sources and similar stories:

Aaron Hopkins: Receipt Check

Loss Prevention by Chris E McGoey, CPP, CSP, CAM

Action Lines: Receipt checkpoints: are they necessary?