Walmart security alarm went off tonight and I was pracitcally accused of stealing. Suggestions?
I went into the new Walmart here where I live and as I was going out the door, the security alarms went off. The lady at the door made me stop. I felt like a criminal and I honestly had done nothing wrong. She took my receipt, looked through my things, and did not see anything. Next, she asked if I have a cell phone and I said yes. She asked to hold it so I could go through the security system once more. It went off again! THEN, she was really looking at me like I had stole something. I looked in my purse to see if I saw something that would cause anything and didnt. I told her about a magnetic medical device I have inside my body and then she began asking alot of questions about it. I felt really invaded there tonight. I began to wakl off because at this point I was MAD. She says to me, "Are you sure there is not anything else?".Like I had something stolen on me! I talked to the manager about it but not sure it will help. I was humiliated tonight. Any suggestions? Serious answers :)
2008-05-09T19:01:04Z
*practically..typos bother me :)
Kenneth C2008-05-09T20:11:38Z
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I wonder if spiderman understands that the constitutation does not apply to walmart. Private security have way more leeway in searching than government agencts (IE Law enforcement).
My suggestion, do not shop walmart. If you chose to, demand to speak to a manager immediately if it happens again.
Or do what my wife did a few weeks back. Alarm went off, the lady hassled her a bit. Finally my wife got sick of it, dropped the bags and demanded a refund for everything she purchased.
You have a constitutional right NOT TO BE searched. The only way to do it is if you consent.
If it happens again you can continue walking, there is nothing they can do, they may call the police, who can do a search ONLY if you're under arrest or if they ASK to search if you're not.
If you are placed under arrest, YOU CAN verbally object by saying you do not consent to a search, but let them conduct the search, then it's on record that you stated that you do not consent and CAN be used in court against the police officers if you are arrested and charged with a crime.
If the police are called, do cooperate with the officer and be polite.
As for the anti-theft device sounding, sometimes there is a tag in your clothing or purse that may not have been de-activated when you purchased it.
Often in my experience this was the result.
Also consider any other purchases you made that you brought with you into the store from other businesses.
It's common for an employee to ask to give them their cell phone. But I don't think there's any radio frequency that can sound the alarm.
I used to do it when I worked retail because it was just an assumption.
One consequence of you walking away from the store is that they may give a tresspass notice because they may think you just shoplifted.
It's no biggie. It just means you're not welcome there anymore because they believe you were doing something unseemly.
So it's up to you to decide if it's worth it.
Here's link to You Tube. It's a video by the ACLU about citizens' rights.
BUSTED: The Citizen's Guide to Surviving Police Encounters
Just realize that this, being a new Walmart, the lady was just trying to do her job. She did maybe a little too well. You don't know if she had been a little lax before and was instructed to do better and was going the other way (overboard). There is not a whole lot you can do in this case. I'm sorry for your humiliation but we all have to endure some of this stuff because of the people who are dishonest and do steal. Be careful not to "protest too much". It is very odd that your cell phone set this off. It is possible that they will have to adjust their security system. The people at the door are supposed to just record what they did not detain you for so long. She is just probably repeating (parrotting) the questions she was supposed to in this situation.
When the alarm goes off, and the security guard tells you to stop, you do not legally have to stop unless the security guard places you under arrest for a crime.
Unless you are under arrest, you do not have to let them search you, or answer any questions, show them a receipt or do anything they tell you to do, you may legally walk away.
If they physically restrain you, and you have not committed a crime, they have committed the crime of false imprisonment. If they place you under arrest and you have not committed a crime, they have made a false arrest.
You won't need a good attorney, any attorney will do, and most will beat down your door to represent you on a sure win law suit for a few thousand $.
If they don't want to make an arrest, all they can do is tell you not to return to the store or they will have you arrested for trespassing. If you are trespassed from the store, then don't go back or the arrest will be valid.