Store RFID Detectors

CHL discussions that do not fit into more specific topics

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pt145ss
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Post by pt145ss »

Turfspanker wrote:This is an interesting thread.

I'm not sure how much clearer I can be in this thread. Perhaps I just don't communicate well in writing.

If a Loss Prevention Agent has solid reason to believe you have stolen merchandise, you will be detained and potentially handcuffed. Your belongings will be searched so the merchandise can be recovered. This can be done in the store or outside of the store.

If you resist you have escalated the situation and you will be taken to jail for resisting arrest. I don't know about you, but I don't want to lose my CHL for a charge of resisting arrest.

If the L.P. Agent makes a false arrest, they are in big trouble and they know it. Why would you want to risk the advantage you already have by escalating??? If you cooperate to the end, you are positioned for a civil suit in your favor. If you escalate, you will probably go to jail.

Loss Preventation Agents are ON OUR SIDE.
They put a huge number of bad guys in jail every day. They are admired by LEO's because they catch criminals in the act, many of whom have long rap sheets and warrants. LEO's love it because they turn over cut and dry arrests which bring up the Officers numbers.

When you see an LP Agent, shake their hand and thank them for their courage and service to the community. Thank them for solving Identity Fraud cases, busting Organized Crime rings, and keeping merchandise prices lower by recovering lost product margin on high end goods.

I doubt you will ever see one, but they see you and watch your every move while shopping.

Merry Christmas!

TS
I would probably agree with most of your statement. What makes this interesting is that it can happen to anyone (by mistake, after all L.P. agents are human). I think it is important to know the laws that govern this (or anything for that matter) because if at any time we feel that our civil rights are being violated, it is our privilege and duty to resist those violations. I’m not going to grant an officer permission to search my vehicle just because he asked to search it…if he had enough probable cause he would just search it and not need to ask. The same goes for an L.P. agent. If we simply give in and not hold people in these positions to the strictest of standards then right violations could become common place.

I take my personal liberty and safety seriously and if I feel that if at anytime my rights are violated i.e. unlawfully detained or unlawful search and seizure, I am going to fight such atrocities. In short, complete cooperation is not neccessarily the answer in the face of outright violations of liberty.

EDIT: BTW...this is really the whole argurment for 2A rights. If the atrocities of right violations come to a point that the government can't help or that it is the governement agents themselves conducting such atrocities then it is time to take back our country...with arms if neccessary.
rm9792
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Post by rm9792 »

frankie_the_yankee wrote:
rm9792 wrote: Also, I call bull on the police arresting me for running from a store clerk or even security when I have done nothibg wrong. They are not going to arrest me for just that.
Isn't a little degrading to run from a store clerk? I'd never do that. If an alarm goes off when I'm leaving a store, I'll cheerfully stand my ground and handle whatever comes my way. I don't steal from stores or from anybody.
I get more irritated at Frye's when they look in my bag and put a check mark on my receipt on the way out.
The "running away" was someone elses statement. I would never run away either, that screams guilt. As far as Frys is concerned I always politely say "no you dont need to see my receipt, thank you" and they have never argued, just ignore me or wave me on.
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jimlongley
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Post by jimlongley »

txinvestigator wrote:Guys, not only can you be detained, but you can be taken to a magistrate along with the stolen property, meaning they can cuff you, put you in a car, and drive you to a magistrate. The law also allows them to deliver you to a peace officer for the same purposes, and in reality that is what happens.
Assuming that there is stolen property.

I have been working as an associate at Home Depot for a few months now, and falses are so common as to be an irritant at this point. The other day I went out an exit at about the same time as someone who set the alarm off, and we both got stopped. Of course the person who did the stopping knew me, and my hand were empty, so I got waved on, but it got me to thinking . . .

Suppose I had something hidden under my jacket? I routinely carry a concealed handgun and people don't seem to notice, so what if I am crafty enough to detect the LP person (a whole 'nother story) and conceal something and try to walk out the door - I know I could get away with some pretty large stuff just based on my knowledge of CCW and how to walk and act as though I am not carrying anything.

And on the flip side, suppose I happen to have bought an item elsewhere that sets the alarm off, and they detain me and call the police, what are my legal and civil rights and reliefs? If I try to walk away, as some here indicate that they would do, and they physically detain me, maybe to the extent of cuffing me, don't I get to do the same to them if I prove them wrong?
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pt145ss
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Post by pt145ss »

jimlongley wrote:
txinvestigator wrote:Guys, not only can you be detained, but you can be taken to a magistrate along with the stolen property, meaning they can cuff you, put you in a car, and drive you to a magistrate. The law also allows them to deliver you to a peace officer for the same purposes, and in reality that is what happens.
Assuming that there is stolen property.

I have been working as an associate at Home Depot for a few months now, and falses are so common as to be an irritant at this point. The other day I went out an exit at about the same time as someone who set the alarm off, and we both got stopped. Of course the person who did the stopping knew me, and my hand were empty, so I got waved on, but it got me to thinking . . .

Suppose I had something hidden under my jacket? I routinely carry a concealed handgun and people don't seem to notice, so what if I am crafty enough to detect the LP person (a whole 'nother story) and conceal something and try to walk out the door - I know I could get away with some pretty large stuff just based on my knowledge of CCW and how to walk and act as though I am not carrying anything.

And on the flip side, suppose I happen to have bought an item elsewhere that sets the alarm off, and they detain me and call the police, what are my legal and civil rights and reliefs? If I try to walk away, as some here indicate that they would do, and they physically detain me, maybe to the extent of cuffing me, don't I get to do the same to them if I prove them wrong?
Some believe that setting off the alarm would be enough probable cause to detain and search. Most believe that a professional would not act or act with force simply as a result of the alarm and would take more into account. That being said, I assume that if the alarm is sounding and therefore giving probable cause then someone could use force to detain you in order to investigate. And given the case law presented previously, one would have to prove that even though the alarm sounded there was not enough probable cause to detain you.

I assume this could happen in a situation where you just paid for the item and the cashier forgot the security tag he/she waves you through, but another employee is not privy to this information and tackles you in the parking lot as a result of the alarm. I think that the way the law is written gives more leeway to the store as they only need probable cause and you as the patron need to prove that it was not reasonable believe they had probable cause.
txinvestigator
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Post by txinvestigator »

Probable cause is not required, only reasonable belief; a lower standard.
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Liberty
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Post by Liberty »

txinvestigator wrote:Probable cause is not required, only reasonable belief; a lower standard.
Just as a reasonable belief that an assailant in a parking lot is up to criminal assault, robbery or what ever. Its a dangerous business.
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frankie_the_yankee
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Post by frankie_the_yankee »

Liberty wrote:
txinvestigator wrote:Probable cause is not required, only reasonable belief; a lower standard.
Just as a reasonable belief that an assailant in a parking lot is up to criminal assault, robbery or what ever. Its a dangerous business.
My instinct tells me that if someone mistakes a store employee for "an assailant" in a parking lot, and resists with force, they are gonna end up in trouble.

No store employee is just going to "tackle" someone in a parking lot without starting at a much lower (verbal) level of confrontation.

It's just not realistic. Don't worry about it. If someone talks to you or asks you a question, don't view it as a violation of rights or liberty.

Be a nice guy.

(Note: The above is not intended to apply to anyone in particular. It's just a general statement of my own philosophy.
Ahm jus' a Southern boy trapped in a Yankee's body
pt145ss
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Post by pt145ss »

I had an absolutely disturbing thought on my way home from work in regards to this thread. And quite frankly I'm surpised no one said anything. Image a manager or employee who exercises their right to detain, who may or may not have any training in firearms, disarming a CHL holder for safety purposes.

I would assume if they are legal in detaining then they must be legal to disarm. Big difference is that a LEO is at least trained in firearms and chain of custody...a manger at your local Kroger may not be.
pt145ss
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Post by pt145ss »

even more disturbing...image a 16 yr old pimple faced kid at HEB disarming a CHL and taking custody of your prised carry weapon.

That is really what we are saying hear.
Lykoi
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Post by Lykoi »

hi everyone... new here...

I had this happen a few weeks ago...

just replaced my g27 with a new one, and it was my first day carrying it...
walked into wal-mart and set off the alarm...

as wal-mart is not "gun friendly" as a policy i left quickly... returned unarmed :::shudder:::

when i went back in, NO ALARM...

took me about 2 weeks to realize that my "new jeans" that i've had for a few weeks just sitting in my closet had a tag sewn into the label that i couldn't see... for some reason (probably proximity) it went off at one time and not another... might check your clothes VERY carefully.
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98_1LE
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Post by 98_1LE »

I had one of those things go off as I was leaving a store Monday night. I knew it was something in my bag and not the 2 pounds of steel I had with me... The guard found the tag on a coat that the cashier had forgot to remove. No biggie.
TEX
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Post by TEX »

I have walked through theses things many times with my carry piece and they have never gone off. I do however have a security card that enabeles doors and certain elevators at work and if I forget to take it off, it will set them off almost every time.
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