yes can anyone with legal knowledge. help me, i'm tired of going to stores and when i pay for something. that is mine when i bought it,,then ask to see my recipt!! anbrasments to the public and treating someone like a theaf,, and stopping you , in the act of a theaf, is this somewhere in the 5th amenment?? is it agiast the law for stores to do this, thanks. for any legal help!!5th admenment,,harassment ??? need legal advice,,?
As far as stopping you for a receipt, if a store has a policy of randomly checking, you have no cause. They only need reasonable suspision to stop you. The stores are acting within their rights. You have a right not to shop there.5th admenment,,harassment ??? need legal advice,,?
It's the 4th ammendment. And yes, according to the 4th ammendment the store cannot check your receipt without a warrant. However, the store has the right to refuse service, and can ban you if you refuse to show your receipt.
I get asked for my receipt sometimes, alot of stores have someone standing at the exit checking random people's receipts. It does not offend me, but I thought the 5th ammendment was not to incrimintae yourself?
See a real lawyer.
You don't have to show it to them. the store clerks have no authority. its just an anti-theft detterant they use it at walmart and sams club. if you're bored find one of their benches that is near the walkout and wait for the person to ask people to see their reciepts. you'd be surprised by who they will ask and won't. if you really want to stick it to them just walk out, i usually ignore them. if they touch you or restrain you, don't do anything, just start yelling for anyone in the area with a camera phone to capture whats going on. then get a good lawyer, then settle for money.
Businesses have the right to check customer receipts at the door. There is no violation of the customer's rights in any way.
An accusation of theft occurs when someone says ';You stole this!'; and not when they just check your receipt at the door.
If it bothers you that a business is doing this, then I suggest you shop elsewhere.
UPDATE: For the uninformed, here's the exact wording of the 4th Amendment to the US Constitution.
';The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.';
A business checking receipts at the door does NOT violate the 4th Amendment because such receipt checks are not considered ';unreasonable,'; and because they are not ';searches.'; Common sense would tell you that if such receipt checks were unconstitutional, it would have been addressed in the courts by now.
As I said before, if this bothers you, then take your business elsewhere.
If you stop shopping, this problem will disappear.
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