Search found 9 matches

by McKnife
Thu Mar 10, 2011 1:55 am
Forum: Off-Topic
Topic: Question about showing receipts in Texas
Replies: 85
Views: 12928

Re: Question about showing receipts in Texas

I would also like to note that on several occasions, especially during Holidays, the receipt-markers line to exit some stores took longer than the checkout line. I simply walk passed them all avoiding any further hassle.
by McKnife
Thu Mar 10, 2011 1:48 am
Forum: Off-Topic
Topic: Question about showing receipts in Texas
Replies: 85
Views: 12928

Re: Question about showing receipts in Texas

speedsix wrote:...McKnife...your post raised the question I asked...your comment was specific with regard to handcuffing and being walked to the security office...so my question is NOT "getting too specific"....and the points to this point are all related to the OP pretty closely... :tiphat:
You are correct that I commented on suspects being handcuffed by the retailer when detained, however, you are assuming that they are handcuffing a suspect complying with the retailers detainment. I never specified whether the suspect was compliant or not in my comment, which is why I said you were being too specific.

I can tell you that if I am ever detained by a non-leo, I will physically resist to no end. In cases like this, cuffs are required. In the few cases I've witnessed, only youth/teens were compliant with a retailers detainment.

Most of the detainments I've seen resulted in the suspects being approached, running, being tackled before exiting, cuffed, and escorted to the security office while waiting for police.
by McKnife
Wed Mar 09, 2011 11:09 pm
Forum: Off-Topic
Topic: Question about showing receipts in Texas
Replies: 85
Views: 12928

Re: Question about showing receipts in Texas

speedsix wrote:...nope...handcuffing a compliant shopper who has agreed to wait until a police officer comes without creating a disturbance is NOT reasonable...nor is a bodily search when there is no attempt to escape or opportunity to dispose of anything that they think you might have on your person...not reasonable at all...not the quoted code or Tx Crim Proc Code Art 18.16 give them that right...once you agree to wait till the police arrive...anything further is unreasonable and unwarranted...
Speedsix, you're getting too specific with scenarios, which is probably why the law is gray. Would it be reasonable to use handcuffs on a suspect physically resisting detainment? Sure it would. If the suspect was cooperative, than cuffs wouldn't be necessary. I've personally seen it go both ways.

We're getting away from the point of the whole thread.

Is it required or lawfully required to show a receipt? No.

Should you show receipt when asked? Your choice. I don't.

Can shopkeepers detain you if they suspect you have stolen or attempting to steal? Yes.
by McKnife
Wed Mar 09, 2011 10:53 pm
Forum: Off-Topic
Topic: Question about showing receipts in Texas
Replies: 85
Views: 12928

Re: Question about showing receipts in Texas

speedsix wrote:
...can you cite for us the law that allows a citizen shopkeeper to handcuff a customer and force him to go to a security office in Texas??? I know they can detain you, but that's a bit much...and I'll have to read it in law before letting a civilian handcuff and search/disarm me...haven't heard of that one...that's a lot more than detaining...I'd want a sworn peace officer to do that...
Tex. Civ. Prac. & Rem. Code Ann. § 124.001 (West 2005)

The "shopkeeper's privilege" expressly grants an employee the authority of law to detain a customer to investigate the ownership of property in a reasonable manner and for a reasonable period of time if the employee has a reasonable belief that the customer has stolen or is attempting to steal store merchandise.


[added by me] - Reasonable standards for detainment - Handcuffs, Arms/Legs, Physical presence or even simply vocalizing applies.
by McKnife
Wed Mar 09, 2011 10:24 pm
Forum: Off-Topic
Topic: Question about showing receipts in Texas
Replies: 85
Views: 12928

Re: Question about showing receipts in Texas

bigred90gt wrote:
McKnife wrote:
bigred90gt wrote:I've never understood the disdain for these people. They are merely doing their jobs, and that job is to ask to see your receipt. What, may I ask, is the problem with showing them your receipt? What harm to you is it to show them when they request it?
What harm comes from allowing police to search you vehicle/property? They are just doing their jobs.
Please tell me you are not serious. How can you honestly equate a company asking to see the receipt for the items you are leaving their property with, with a police officer searching our car?

I've never had one go through my bags either. best Buy is the only store I've been to that requests to see the receipt for all purchases. Walmart only wants to see the receipt if you have items that are not in a bag. In both cases, i see no reason or need to argue with them and do not see the request as unreasonable.
A right is a right... I choose not to waive them in any capacity.
by McKnife
Wed Mar 09, 2011 10:14 pm
Forum: Off-Topic
Topic: Question about showing receipts in Texas
Replies: 85
Views: 12928

Re: Question about showing receipts in Texas

It's happened to me when I was younger... back in my "sheeple" days. I was followed to my car by a Walmart associate and forced to open my bag and verify purchases on the receipt. It was embarrassing and I vowed never to let it happen again.

Searching vehicles, showing receipts and searching grocery bags.... same concept and results on the same attempt to guilt you into givng up your rights... "you don't have anything to hide, so just do it."
by McKnife
Wed Mar 09, 2011 9:34 pm
Forum: Off-Topic
Topic: Question about showing receipts in Texas
Replies: 85
Views: 12928

Re: Question about showing receipts in Texas

bigred90gt wrote:I've never understood the disdain for these people. They are merely doing their jobs, and that job is to ask to see your receipt. What, may I ask, is the problem with showing them your receipt? What harm to you is it to show them when they request it?
What harm comes from allowing police to search you vehicle/property? They are just doing their jobs.
by McKnife
Wed Mar 09, 2011 6:49 pm
Forum: Off-Topic
Topic: Question about showing receipts in Texas
Replies: 85
Views: 12928

Re: Question about showing receipts in Texas

austinrealtor wrote:there are actually laws on such things? why?
Texas has "Shopkeepers Privilege" -- the right to detain anyone they think could be stealing and whatnot. But, can you imagine being held against your will and utterly embarrassed when a retailer decides to detain you by handcuffing and walking you to the security office? What if their suspicions are wrong and you have committed no crime. Oopsy -- can't just say sorry. You were unlawfully restrained and falsely accused. There can be a whole slew of other criminal and civil charges depending on the specifics.

This is why most stores in Texas fire employees for pursing a robber/thief. They would rather take the loss than get slapped with a lawsuit.
by McKnife
Wed Mar 09, 2011 6:39 pm
Forum: Off-Topic
Topic: Question about showing receipts in Texas
Replies: 85
Views: 12928

Re: Question about showing receipts in Texas

Ignore them. You don't have to prove anything. -- I typically walk by and say "I don't show receipts. Thank you, though."

If they detain you, they are committing a crime -- Unlawful Restraint, a Class A Misdemeanor-- which usually results in the arrest of the person that detained you, leading to a civil lawsuit against the retailer, and typically followed by a settlement.

The only "gotcha" here is they can ask you to not come back. For example, Sams Club is a membership and they expect you to verify receipts at the exit. If you don't, they can cancel your membership.

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