Yup, this whole thing was pretty messed up from start to finish. There NEED to start being some arrests for unlawful detention in these cases. The idea of some store manager or security peon preventing me from going about my business when I haven't done anything wrong gets under my skin...

can you say lawsuit.

The best part is though, the cop agreed with the customer and told Circuit City they had no right to detain him (after they jumped in front of the car he was the passenger of after failing to prevent him from exiting the store through force) only to arrest him because he refused to show his license since he was not the driver of the car in question anyway and as you mentioned Ohio has a state law saying cops CAN NOT force someone to give up their license regardless of the crime, only their name address and age.

everyone should start refusing to show receipt. I know i have

It's a shame that the person being placed under arrest here was the only one aware of their rights.

The manager and employee I'm sure, thought they were fully justified in stopping him from leaving, and the cop must have thought that any sort of failure to obey anything a police officer says is an arrestable offense (which becomes glaringly apparent when you see the generic "gloss over" article that he uses to justify the arrest.)

But this is what happens when people with inferiority complexes are handed a small amount of power, like a store manager, or a local police officer.

Ugh, this idiot was on BoingBoing last week. Good to know he's milking this for all it's worth.

It's one thing to whine about having to show a receipt (and it's a worthwhile argument/discussion to have) and the store was certainly in the wrong for detaining him but the fact is that he called the police and then refused to identify himself. He escalated the situation but wouldn't comply with the "help' he sought, making an already bad situation worse.

An awful lot of this is due to store staff really BELIEVING they are in charge of other citizens and those citizen's rights and yes, the best fix is a massive judgement against a maajor retailer. Think Denny's.

My rights are not subject to measure by some $8.47/hour dude or dudette with a poor memory of what was said in the 15 minute section the first day about lost prevention.

Alright, I really don't get what the heck the big deal is about showing your receipt to the person at the door. What rational reason do you have NOT to show it when requested by the store? It just seems silly to me to refuse to do so. Let them look at the receipt, mark it off, and do whatever deterring to shoplifting that they manage to do. Why be an jerk and refuse to show the receipt? It's just as bad as the people that get all huffy when asked for ID when buying alcohol or to verify the identity of a credit card holder.

Circuit City employees should take Home Depot's advice on stopping the thief, and fire the employee

Well I figure that if they are detaining you without probable cause using force, that would constitute assault. Since most states allow for some sort of self defense in such cases, what is to stop a person from legally subduing the security guard and retreating to safety? No unnecessary force is involved of course.

@ancientsociety: I believe you are mistaken. He did identify himself, and promptly, without guile or falsehood.

ANCIENTSOCIETY - I think that READING the article would alleviate your issue with it.

He DID identify himself, and IAW Ohio law.

@bonzombiekitty: simple: because they can ask you to show it but you don't have to.

I really don't get what the heck the big deal is about exercising your rights and expecting them to be respected.

@bonzombiekitty: So I am assumed to be a criminal until I prove otherwise? I think I will do my shopping from home if stores get that kind of attitude.

@ancientsociety:

He *did* identify himself to the fullest required extent of the law. Seeing as it happened *Saturday* I & The Consumerist was "closed" for the holiday, I don't see the problem in reporting this now.

Some of you guys just like to bitch to hear yourself type.

This country is really going down the shitter.

Where's all the *blame the victim* bile we are so proud of here at Consumerist?

@ancientsociety: Actually he did identify himself, he just didn't show his drivers license, which isn't legally required. I don't see what the problem is. I've declined to show my driver's license a few times before when it wasn't necessary, nor had any bearing to what I was discussing with the individual.

Why be an jerk and refuse to show the receipt?

@bonzombiekitty: How does not showing it make someone a jerk? There's a law requiring people to be of age to purchase alcohol so that isn't the same thing.

I think this probably went awry when, sitting behind the wheel of a motor vehicle, the person in question refused to hand over his license to the cop who was probbly writing up an incident report. Did the cop NEED to see a license? Probably not but I'll bet the person in question became a dick to the cop and it went on from there.

Yeahyeahyeah...blame the victim, yaddayaddayadda...

I'd be filing multiple lawsuits in this situation. One against the Police Department, one against the Store, and one against the security company Circuit City contracts, all for the same reasons: Violation of rights as expressed in Ohio State Law and false imprisonment.

@bonzombiekitty:

A: Alcohol is a different issue and he apparently did show the correct item, money, to get the goods he bought so screw that and B: if there was an issue with a crdit card THAT happened at the cahier, the place where the sale was COMPLETED,had in fact the aforementioned sale had some issue, THEN is when anyone should be questioning the comsumer about

@OKH: RTFA. He wasn't driving, and was sitting the in the rear passenger seat.

It's articles like this which really illustrate how often people read summaries and are experts.

@OKH: nope he was the passenger not the driver.

@RandomHookup:

Well, normally I'd blame him for being a dick by not showing his bag.

But that is where it ends. Being followed outside, being blocked at his own car AND being arrested on false charges really goes too far.

This is a great example of a situation where a lawsuit may do a lot of good. Not only would a judgment against Circuit City compensate this man for the situation he had to endure as a result of those employees ignoring his rights, it would put stores on notice that this sort of behavior is not ok and that there are consequences to be had for it.

I'm glad people are standing up for their rights and hopefully this will soon end this receipt checking garbage. I completely resent being treated like a shoplifter after I spend money in a store. Good for this guy.

@bonzomiekitty, you can feel free to comply and give away any/all rights and freedoms you are entitled to in our Constitution but you are the biggest part of the problem in enabling these stores and law enforcement to BELIEVE they have the right to do this stuff. Where does it end?

The real focus of this article should not be on Circuit City, but on the cop. If the detained him for not showing an ID, but that violates Ohio law, then yes that is a violation of rights and an issue worth debating.

If Circuit City wants to check your receipt on the way out then they should be free to do so. They have every right to do so. You are on their property, its a private entity, and you consented to their polices as soon as you made that purchase. Don't like it? Shop online, you'll save money anyways.

Also forgot to say that I don't agree with how CC handled the situation, but I agree with their policy.

...the cop must have thought that any sort of failure to obey anything a police officer says is an arrestable offense...

@Yourhero88: I want to know why the cop felt the need to come up with some reason to arrest the guy after saying he agreed with him!

Is it too much to ask that the police know the law?

I would LOVE to see someone like Dateline make a REALLY big deal of this...

The same people who see nothing wrong with being forced to show their receipts are the same people who are OK with warrantless wiretapping. Some people are OK giving up their rights. They are the people that should be feared.

@bonzombiekitty: Ah yes, the ol' "You wouldn't have a problem if you had nothing to hide". And as we all know,
1. Glance at receipt.
2. ???
3. Loss prevention!

On the rare occasion I shop at Fry's/BB/CC I never show my receipt. If there is a line of sheep I'll walk right past and out. If there isn't a line I'll say "no thank you" and walk out. I'm in California and know that they do not have the right to stop me unless they're going to accuse me of shoplifting.

Bonzombiekitty: The whole point is you DO NOT have to show your receipt. The moment you pay for the items they are yours and the store has no right to ask you to prove it UNLESS they accuse you of shoplifting. It may be easier to just show the receipt but it's not right.

@ElPresidente408: Private property, public access. As a store you have no right whatsoever to create policies that break state and federal laws unless the customer signs his right away through a contract with said store (IE a club store where they legally DO have the right). As long as your allow unrestricted public access you can NOT unlawfully detain someone unless you have evidence of a crime. A receipt check violates Bill of Rights amendment 4 as it violates probable cause with the assumption EVERYONE is breaking the law and stealing.

@ElPresidente408: You would think CC has a right, but from what I've read on the subject that isn't necessarily true. They are a private entity, but they are open to the public, which requires them to follow certain laws. Such as they cannot discriminate who they serve- they can't say we have a new policy against serving Asian people (just an example). They might be shielded if say when you entered the store, they had you agree to something that said we can check your bags when you leave. I don't belong to a membership club type of store, but I hear they have this written into their contracts that you sign when you become a member.

Once you buy something (and you haven't previously contracted to let them check)- you own the merchandise and you don't have to let anyone check it. The only way they can lawfully detain you is if they have a reasonable suspicion that you stole something- which includes seeing you taking something.

@ElPresidente408: Thats the thing, they do not have the right to detain you and make you show the receipt. At least look at ANY other comments before posting. According to the law the only time they can stop you and make you show receipts or detain you for police is if they have direct evidence of shoplifting. These are basic rights against being unlawfully detained, please get to know them.

@OKH, RTFA before you post completely wrong information and expose your ignorance on the situation. He was NOT driving and even asked the officer what would happen if he never got his license or learned to drive.

If Circuit City wants to check your receipt on the way out then they should be free to do so.

@ElPresidente408: They are also free to post said policy on its doors if they expect people to consent to it.

@Rectilinear Propagation: My bad, it said he disagreed.

@ncboxer: It is written into the contract but they really can't enforce it, even then it is still unlawful. The only thing they can do is take away your membership (which i guess is about as good as enforcement as they need). Even then I think a lawsuit could come around and fix that little loophole.

@ElPresidente408: "You are on their property, its a private entity, and you consented to their polices as soon as you made that purchase."

If their "policies" included a strip search, would that be acceptable as well? Being a private entity does not put any retailer beyond the scope of the law. If they detain you without cause, that's illegal. Period.

@bonzombiekitty: You are not EVER required to show ID when using a Visa or Mastercard. People who write "see ID" on the sig line should have their cards taken away, as that is not proper.

Parents should give their children more attendtion. This is ridiculous. I can imagine the crap he gave the police to get them to the point they want to spend a few hours with this nut

If there's only ONE thing the US needs to learn from China, this is it. Customers have basic rights, and they can not be violated. Over here in Shanghai I've never been asked to hand over my receipt except at a German Costco-style store with membership. Not even at the Best Buy here (this is one thing that they've done right in China- instead of importing the American practice and angering their customers, they go with the local flow, and I applaud them for it). Shop-pay-go, that's how it should be. I should not be detained for any reason unless I have been suspected of theft. I certainly won't be doing so when I get back to America.

the circuit city's in Columbus, Ohio never ask for receipts when you leave. maybe its just cleveland.

i think when the cop was asking for a driver's licence because he needed to verify what the person identified himself as. i know you can say "im john doe" but unless the cop can verify from your licence that you are in fact john doe, you could be lying for all he knows. he just wants to know who you are saying you are.

@nickripley: People write SEE ID on their credit cards for their own protection. That way, Johnny Schmuck doesn't find a credit card issued to Gloria Noname and use it. Of course cashiers never check signatures anymore so it doesn't matter. It would also be stupid to write SEE ID on the card and then deny giving it to the cashier when asked...if you were in fact the one that wrote it on there.

Just show you're fucking receipt. Are you really that much of an asshole? If you're not stealing, show your receipt. Why is this such a problem?

Everyone who doesn't show their receipt is a crybaby. It's not hard. Itensures you don't get charged for something twice and it keeps the cost low for retail stores.
Think about all the theft if they just let people walk in and walk out with a cart of computers or something else and nobody was there to stop them. I'm sure all of our costs would go up.

I wonder how fast the "check your receipt" policy would last if each customer upon being asked for their receipt, promptly headed for the return desk and returned the item on the spot...

@nickripley: The merchant can't require it. However, I wrote "See ID" on the back of my card in the futile hope that the cashier would check a valid ID against the name on the credit card. I think it has actually happened once in the years that I've been doing it. The signature on the back is usually meaningless these days.