I was almost arrested for not following a sign that stated to not swim in a pond near my house. The sign was placed there by a resident in the area that did not like people swimming near his house. There was no law that prevented people from swimming in the pond. One day several people were swimming in the pond (all local residents) and this man called the police. The police officer told us to get out and I asked what law was I breaking. The officer could not tell me which law and continued to threaten to arrest me. They way I figure is what would happen if the sign read colored cannot drink from the drinking fountain, are we required to follow such a sign or else be threatened to get arrested? I unfortunately did not handle the situation with class and I do not respect myself for not peacefully discussing it with the police officer. The problem was that I felt threatened and I reacted defensively.

I want to address some quick legal points. First, I am not a lawyer, just a law student. A person should always consult a lawyer when dealing with legal issues.

RECEIPT CHECK:
Circuit City has the right to check your receipt.

Circuit City is a private entity, not a government entity. The Fourth Amendment protects us from unreasonable searches and seizures made by the government.

In addition, you were on Circuit City property when asked for the receipt. Many states have shoplifting laws which grant retailers rights of limited seizure in order to verify shoplifting has not occurred. Without knowing the details of the law in the state this occurred, many of these laws allow stops on store property.

I agree with you, checking receipts is obnoxious. I refuse to do it except in limited circumstances. However, your true options are to refuse and to return.

Having said that, while Circuit City was likely within its rights to request a check of your receipt while in the store, its employees also likely overstepped their rights by falsely imprisoning you in the parking lot. Further, there may be a cause for battery.

CAR ALTERCATION:
There are many false imprisonment cases concerning loss prevention officers and alleged shoplifters. Here, your entire family was possibly falsely imprisoned. In addition, battery may be there. Some of this will depend on any statutes granting powers to retailers to stop shoplifters.

Even so, the damages are not very much. You may be able to get some emotional damages from the fact your younger siblings had to see the arrest. Most likely, nominal damages (of the $1) kind are available.

OFFICER AND ARREST:
You granted the officer consent to search your bag and receipt, so there is no Fourth Amendment issue there. You are right, in most states you do not have to show your license. I believe some states have laws requiring the showing of a license to some degree or another, such as Colorado, but that does not appear applicable here.

The officer over-reacted. He should not have arrested you. Some officers are lazy, tired, or green. These kinds of officers do stuff like this. It is wrong. It is stupid.

However, it is not grossly negligent. You suffered nominal damages. Suing the officer, his department, and the government entity that employs him may be difficult. Officers receive qualified immunity. Depending on the government entity, it may receive absolute immunity.

I applaud your principled stand. Next time, I might make a louder fuss about returning everything if they want to check your receipt. I have personally received quite satisfactory distressed looks from managers who learned I was returning, in one case, $600 worth of electronics because they wanted to check my receipt. The multiple customers who were disgusted with the receipt checking actions who left items at the counter unpaid for was also a plus.

Good luck, and remember to watch your court deadlines!

Sincerely,
John

Re: circuit city… Theft protection from a store that carries millions of dollars of merchandise in-store is understandable, but, again, it’s up to the company and its employees to understand the law. Few of the hecklers for one second consider how brash and abusive the agent and his manager were being. This is my opinion, but if you run a business, stock that much high-value stuff and invite people in freely, the onus is upon you and your employees to devise a scheme of protecting your inventory - without destroying the privacy of others…… Which kind of leads me to what I had mention to begin this all - the ‘police state’ thing and, perhaps more significant, the erosion of privacy. Now, from what I read, I believe our internet service providers very freely monitor and provide information on our activities..

I’m a bit more timid than you, but although I might be willing to hand over a receipt, I’d be a little less so to hand over my bag(s) - PARTICULARLY ones that don’t say Best Buy/Circuit City/et al - without an Very Good Reason for them to do so. Again, as for the driver’s license situation, you’re a better one than I. Thank you for doing this and getting me thinking about this, and thank you for doing this and getting others thinking about it. I’d like to think that, given the chance to really THINK about it, most people would NOT choose a world where privacy and human rights play second fiddle to the need to make money and be profitable.

The dude at the store didn’t have a right to see your bag and receipt, ok, so politely tell him that. Don’t be a rude asshole and turn your nose up at a guy who’s just doing his job. Everything in your post shows nothing but bad attitude. It’s scary most posting here seem to find some kind of heroism in that.

Standing up for your rights is one thing. Looking for trouble is another. Just remember, you usually find what you’re looking for. It’s just too bad you weren’t looking for a nice day with the family.

1) The cop shouldn’t have arrested you. You probably won’t end up with any real criminal trouble. Maybe you have a civil suit. Maybe not. You are an idiot for calling 911 and an idiot for giving a cop attitude. Say what you want about civil rights.

2) If you don’t want to be treated like an asshole, don’t shop at places that treat their customers like assholes.

3) Get the chip off your shoulder.

How can the law demand that a subject of an officers questioning provide a plastic card that there is no law for you to carry? Driving is a privilege so how can they demand a plastic card that by law you are only given if you pass the test to exercise the privilege?

As for those that believe they should give up alittle freedom so they can be secure, srew you you mindless people because you have neither freedom nor security when you give up your rights.

Most Americans believe your story because we’ve all been subjected to it in one form or another, gradually, day by day for about thirty years. There is no longer any freedom in the U.S. unless you’re independantly wealthy and can afford a protracted legal battle with a Billion dollar corporation (which you can not.) You did the right things, you are a fine citizen, but now, you need help. You need this to go to the ALCU (if you haven’t already) and persuade them to take your case as proof of police collusion with a near monopoly such as Circut City. We’ve lost what was left of our individual rights as garrenteed by the bill of rights. Now we are told that the bill of rights doesn’t appy in airports or on private property (the C.C. parking lot.) Corporate authority is now greater than government authority, and what little is left to protect innocents such as you has been bought out a long time ago by huge multinationals who loose millions to shop lifting every year. CEO’s don’t care about your loss of rights. They care about money and control. They ARE the new government. Ralph Nader warned us this was happening a long time ago but nobody listened. “The line between government and big business is disappearing.” - Ralph Nader 1997

I am sorry to say: You are already living in a police state. The only thing missing is a “666″ tatooted along with a barcode on your forehead.

My advice: Be like me, sell everything and move overseas. There’s still wonderful freedom in the third world. I even drink and drive without worry. I never worry about getting arrested. Police take me at my word: “Sir, you’ve been drinking a lot, maybe you should go home in a while, no?” They treat me with respect, like a nobleman, even if I’m obnoxious. Of course I first had to simplify my life and give up those consumer products that got you into trouble in the first place. But to tell you the truth: I miss them not at all. Sweet unadalterated freedom is a high one thousand times greater than the high of shopping.

Good Luck, because you’re going to need it. But please do not mistake my sarcasm for admiration. I always root for the little guy. And I have a lot of respect for a fellow American who is not afraid to piss into the wind. I got tired of it and left. But do not mistake your situation either. It is bad. You are little David and Circut City is Goliath.

You have one stone and a cheezy slingshot……

Alas, poor Urch, into the arena you must go…..

pacplyer

“a little revolution is good for the country every once in a while” - Thomas Jefferson