----- Original Message -----
From: <kallen3@icircus.net>
To: <plug-discuss@lists.PLUG.phoenix.az.us>
Sent: Tuesday, February 13, 2001 1:04 AM
Subject: Re: [OT] -- Fry's and other retailers


> >
> > On Mon, 12 Feb 2001 kallen3@icircus.net wrote:
> >
> > > My understanding is no criminal law up to that moment. But if
insist that
> > > you stop then in some states that is considered the right of the
merchant
> > > and is written into a law. I'm not sure if that applies to
Arizona but in
> > > Arizona there is a law about Defrauding an Inn Keeper which is a
blanket
> > > law under which many different situations are prosecuted
(refusal to pay
> > > for a service or product is one in which I had to use that law).
Also as
> > > someone else touched upon there is a citzen's arrest. And no the
police
> > > won't arrest you if it proves wrong (unless you place the person
you are
> > > trying to arrest in physical jeopardy such as assualting them)
BUT you do
> > > open yourself up to a civil suit if you are wrong.
> >
> > The mere act of refusing to stop to be searched would not be the
act of
> > defrauding.
> >
> No it doesn't, but it is a suspicious act (after all if you didn't
have
> anything to hide you would stop wouldn't you? And you also use
postcards
> for personal letters through the US Mail because you don't have
anything
> to hide) and the business would be in their legal right to either
detain
> you or have you detained to prevent the possibilty that you may be
> attemtping to defraud them. Again when you enter the store you give
tacit
> consent for the search of packages.


They need cause to detain and search you are you may sue them and win.
There has been a number of cases in the resent past to support this.
I don't care if it is private property, they cannot detain you without
cause and they better be sure because they are civilly liable.


>
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