Dannyalcatraz said:
I understand your complaint- frequently it seems that their sensitivity is set too high or there is a short...
But that, as they say, is a question of fact, and would be decided upon by a jury of your peers.
After you had been arrested.
And searched.
Possibly beaten up by some guy in holding.
Its just friendly advice- don't get physical with someone who thinks you're a shoplifter.
Talk is cheaper. So is showing your reciept.
I have always thought that the store must have absolute proof before detaining a suspected shoplifter, but I am not a lawyer. Texas may have more lenient laws, but a quick google check came up with this.
http://www.crimedoctor.com/shoplifting2.htm Now it says should follow these guidelines, so I guess they still do have some detention rights.
"Before detaining anyone, you must establish Shoplifting Probable Cause. To establish a solid base for probable cause and prevent false arrest claims, there are six universally accepted steps that a merchant should follow before deciding to stop someone suspected of shoplifting:
1. You must see the shoplifter approach your merchandise
2. You must see the shoplifter select your merchandise
3. You must see the shoplifter conceal or carry away or convert your merchandise
4. You must maintain continuous observation the shoplifter
5. You must see the shoplifter fail to pay for the merchandise
6. You must approach the shoplifter outside of the store"
Are Door Bag Searches Legal?
Yes, as long as the inspection is voluntary. No, if the bag check is involuntary or coerced. This is a rather fine legal distinction that is subject to misunderstanding and abuse. Basically, nothing in the law gives the merchant the right to detain a customer for the purpose of searching a shopping bag unless there is a reasonable suspicion of retail theft. See my web page on Shoplifting: Detention & Arrest for more details
A customer can refuse to have their bag checked and simply walk out the door past the bag checker. Hopefully the bag checker has been trained to know that they cannot force anyone to submit to a bag search without cause. This is important because the expectation of the bag checker is that all bag contents have been purchased. The worst thing that could happen is that an aggressive bag checker would forcibly detain or threaten a customer who refused to comply with the voluntary search