[OT] -- Fry's and other retailers

Kevin Brown kevin_brown@qwest.net
Sun, 11 Feb 2001 19:41:29 -0700


Wow, didn't expect my question to cause this much of a stir.  It sounds like you
have every right to refuse due to the Bill of Rights, 4th Amendment, unwarrented
search and seizure.

Amendment IV

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.

> >I've questioned this policy when I've encountered it in other retail
> >stores. The answer I've gotten was that no one forced you to enter the
> >store so by entering you have give prior consent to the stop and any
> >inspection. If you did not want to be stopped or have your purchases
> >checked then you should have gone someplace else. That has been the
> >standard answer in about 17 states including Arizona.
> 
> Whose answer? The store's? The various state's Attorneys General?
> 
> 
> >> > Third, it is private property and when you enter their premises, you
> >> > surrender some of your rights to them.
> 
> This is a previous poster's comment, but I seriously doubt it. Any lawyers
> in the group? I would like to know exactly what laws would be broken if a
> search by a store employee is refused.
> 
> >>
> >> Should they ever stop me outside of the store, my first question will be
> >> whether they're accusing me of taking anything. If not, I'll leave. If they
> >> say "yes", the game really begins and I start talking about warrants,
> police
> >> and lawyers.
> 
> Again, a previous poster's comment. The idea is not to talk about it.
> Demand they call the police AND MAKE A FORMAL ACCUSATION OF THEFT. Make
> sure the accusation will be in the police report, submit to a POLICE search
> and when it turns up nothing, run, do not walk to the nearest civil rights
> lawyer.
> 
> Bob Holtzman
> "If you think you're getting free lunch,
> check the price of the beer!"
> 
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