[OT] -- Fry's and other retailers

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Author: CIE-Keithkeith@christianexchange.org
Date:  
Subject: [OT] -- Fry's and other retailers
----- Original Message -----
From: Julian M Catchen <>
To: <>
Sent: Sunday, February 11, 2001 3:59 PM
Subject: RE: [OT] -- Fry's and other retailers


> You do not give up your Constitutional rights just because you enter

a
> building. Our basic rights are inalienable, they are neither

bestowed, nor
> taken away, by men or women.
>
> While Fry's may say that you consented to a search of your

belongings upon
> entering the store, they have no right to detain you, or a legally
> enforceable way to force the check if you simply refuse to let them.

To
> the best of my knowledge, if they think you have broken a law (i.e.

stolen
> merchandise) then they can ask you to wait for the police to arrive.

Only
> the Police have the right to detain you, and only if you are under

arrest
> (many times this is obfuscated to make people wait when they don't

have
> to). If you refuse to allow the check, then they can sue you in

civil
> court if they really want to.
>


A citizen can make an arrest. It is covered in Title 13 of the
Arizona Revised Statutes. I can, as a citizen, detain you for
breaking the law. I must then turn you over to the police or the
judge. I would however be very careful. Most police officers do not
like it if you perform a citizens arrest and may charge you with
kidnapping. Be very very very very very very very very very very very
careful.

Keith

> Innocent until proven guilty holds because only the Police may

arrest you
> and charge you with a crime. In all other cases, if an employer of

a store
> thinks you violated their polices they must sue you in civil court.

Only
> the state has a right to sue you in criminal court. So, if you sign

a
> non-disclosure agreement with your employer, and you talk to the

media
> about something you said you wouldn't, they can't bring criminal

charges
> against you, only sue you for damages.
>
> You are only subject to other's rules and regulations if they are

willing
> to sue you to enforce them. Or, they can invoke law enforcement and

have
> them prosecute you criminally if you did something they perceive as

really
> wrong.
>
> julian
>
> > Innocent until proven guilty is a principle that applies to

government
> > prosecution and has nothing to do with property rights. It is

absolutely
> > no
> > different than free speech is not a given right while you are

employed by
> > someone else.
> >
> > While it is desirable to wrap yourself with constitutional

protections,
> > those protections are what you are entitled to when dealing with
> > government.
> > While you are are on someone elses property, employed by others or

even
> > posting messages on someone's private forum, you are subject to

their
> > rules
> > and their rights.
> >
> > Craig
> >
> >
>
>
> ________________________________________________
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