This guy was trying to make strawberry jam this morning, and he had to go buy 4 bags of sugar. The cashier threw away the original receipt but put the sugar in a couple of Wal-Mart shopping bags, so Ben left the store thinking everything was, you know, normal for a Saturday morning. Then he was stopped by a security guard, a store manager, and an off-duty police officer, all of whom went batshit crazy on Ben over his 4 bags of sugar and lack of receipt. Before it was over one of the shopping bags was ripped open, a bag of sugar lay broken open on the parking lot, the guard had threatened to kick Ben’s ass, and the police officer said, “you’d better not be lying to me.” Ben was marched back into the store so they could verify with his cashier that he wasn’t a sugar thief. Welcome to Wal-Mart, the police-state superstore where prices are low and civil rights don’t exist.
I was at the Germantown Wal*Mart to buy four bags of sugar because earlier in the day I had been at Butler’s Orchard picking 10 pounds of strawberries to turn into delicious jam. And to make delicious jam, you need lots of sugar. I grabbed four bags and headed to the checkout, where I also decided I could use some refreshment. I grabbed a Mountain Dew from the cooler, but the cashier had already processed my card for the four bags of sugar. He apologized and rang up another transaction for the Mt. Dew. At that point, he crumpled up my receipt for the four bags of sugar and handed me the receipt for the Mountain Dew. I headed for the exit, and was greeted by Wal*Mart security who wanted to check my receipt. I produced the receipt for the Mountain Dew and explained that the cashier had tossed the other receipt for the sugar. I would repeat this explanation 6 more times before this affair ended.
At this point, I attempted to leave, but was told I could not. I immediately asked if I was being detained. I was told “no” but that I wasn’t allowed to leave unless I walked back to the cashier to get a receipt. I said that I was “happy to let the security guard talk to the cashier, but that I was heading home with my sugar.” I attempted to leave again, and the door was blocked. I asked again if I was being detained, and was told “yes.” I asked on what grounds, and the security guard said “Because you stole.”
I informed the guard I had done no such thing, that the sugar was my property, and I was leaving with it. This time I pushed passed him and left the store, with him following me demanding I stop. As I left, he grabbed my bags, ripping them open. As he followed me he attempted to grab my bags, and grab the items inside of my bags. At one point, he told me that he should “kick my ass.” As I reached the end of sidewalk outside the store and headed towards my car in the parking lot, another employee came running and blocked my path. Soon afterwards a manager arrived. I again asked if I was being detained. I was informed by the manager that I was. I again asked for what reason, and was told by the original security guard that it was for stealing. I once again informed them that I hadn’t stolen anything and that I was leaving.
At this point, the manager informed me that Wal*Mart policy did not allow me to leave the store without showing a receipt. I said that I had paid for my merchandise, that it was in fact a store employee that had thrown away my receipt, and that I was not compelled to prove that items that I legally owned belonged to anyone but me. Again I inquired whether I was being detained, and was told my only options were to go back in the store to talk to the cashier or have the police called. I informed the manager that she was welcome to call the police, because I had done nothing wrong. At tht point, she radioed for someone to call the police. Once again, I started to walk to my car as the two security guards again attempted to block my path in the parking lot.
At this point, and off duty police officer came to the scene (he appeared to be heading into Wal*Mart to shop, not the one called by the manager), showed his badge, and asked for an explanation. Everyone was calmed by this, and tensions visibly eased on the faces of the Wal*Mart employees. I explained my side, and Wal*Mart employees explained their side. After the explanations, I asked the police officer if I was being detained, and he said yes. I asked on what grounds, and he said “suspicion of theft.” The officer told me I could give them “their merchandise back” and leave at that point or I could go inside and talk to the cashier. I indicated that since he was detaining me, I was willing to go back into the store and speak with the cashier, but that the merchandise belonged to me. At this point, one of the bags of sugar fell from my ripped bags and split open on the pavement. It was an accident, but I could tell no one believed me when I said so.
On the way into the store, the officer informed me that it was his day off, he had important things to do, and he didn’t want to take me to jail. But I had one last chance to give them their merchandise back and just leave, because if I wasn’t telling the truth, he would personally drive me to the station. I agreed wholeheartedly with him, and told him so. I’m fairly certain he thought I had actually stolen the sugar at this point. He then asked what I needed so much sugar for anyway. At the time, I was literally covered with strawberry juice. It had stained my shorts and shirt red, and I thought it was fairly believable that I was going to make strawberry jam. He still seemed skeptical, asking where I had been picking strawberries, and only seemed to believe me after I was able to name Butler’s Orchard. He then asked if I had ID, what my name was, and how old I was. Upon telling him this, he said “You better not be lying to me,” so perhaps I was too quick to think he didn’t assume I was guilty.
Of course, upon re-entering the store and speaking with the cashier, he informed everyone that I had paid for the sugar and the receipt was found in his trash can. His story differed slightly in that he told them he had given me the receipt but I had thrown it into his trash can. That was impossible based on where his trash can was from the checkout counter, but it didn’t matter. The original security guard was cordial, shook my hand, and apologized. The Wal*Mart manager and police officer lectured about how next time if I just cooperated and gave up my rights at the beginning, it would have been much easier on everyone. Trust me, Wal*Mart, there won’t be a next time.
If you defend Wal-Mart for this treatment of an average customer, you are a slave. There are other ways to prevent shoplifting. How about the security guard follows the suspected shoplifter to his car to take down his license plate while radioing someone in the store to confirm whether or not his story is legit? Besides that, Ben had four bags of sugar in Wal-Mart branded plastic bags—the likelihood that he was shoplifting them was low, and the value of the sugar to the store was virtually nonexistent compared to other merchandise that was and is probably being stolen from Wal-Marts all over America this weekend. No matter how belligerent a customer is in this situation, the guard, manager, and officer should remember that if the customer is innocent, he has a right to be belligerent and offended that he’s being harrassed to such a degree—especially over something as trivial as four bags of sugar.
Update: Ben wrote back to us, “To their credit, they did replace the bag of sugar.”
“Detained by Montgomery County Police For Buying Sugar” [Metblogs] (Thanks to everyone who sent this in!)
(Photo: kaibara87)
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Man, this story is intense. Yeah, the OP did a shitty job of absolving his innoncence but I suppose he earned it. If the fucking cashier knows that the Pricetag Gestappo is waiting at the exit, he better damn well hand each customer their receipt, look them in the eyes and say “HOLD ON TO THIS AND SHOW IT TO THE ASSHOLE AT THE EXIT”.
Frankly, I’m baffled by how Wall*Mart thinks this is going to work to their benefit. I assume that the security guard/recept checker is there as a way to discourage theft, not actually stop it in the act (see previous posts by others regarding the 6 steps – unless he gets a call to detain the individual, he’s treading on thin ice). The one time I actually witnessed a shoplifter stealing a DVD, she waltzed right past the door guy ignored her to read her husband’s receipt. It isn’t a way to reduce theft: it’s a way to divert attention from actual theft! Idiots.
I’m proud to say that we never shop at Wal*Mart. We make use of their washrooms on occasion, but we’d never spend any money there.
First, when I go to a store, any store for that matter, the assumption should not be that I went there to shoplift. By asking everybody to produce register receipts you’re telling everybody that you suspect them of shoplifting.
Second,(and this applies in ANY state), if you’re the one making the charges (officially or otherwise) then YOU are the one with the weight of the proof. YOU are the one that has to walk into the store and ask the cashier if there’s such receipt or not. YOU are the one that has to proof that I committed a crime. It is good for District Attorneys, the it is good enough for Wal*Mart.
And by the way, there are other charges that could be brought upon the store and the policeman:
1. False imprissonment.
2. Dereliction of duty (the cashier by not giving the person the ticket)
3. False accusations (the policeman acussed the person of lying to him, the security guy told him that he stole)
4. Destruction of property (“he grabbed my bags, ripping them open”)
5. Merchandaise obtained buy fraudulent means (the policeman wanted the guy to return the sugar bags without the guy getting a refund)
6. Destruction of property (because the employee riped the plastic bag the sugar bag fell on the paviment and “split open”)
7. Colussion of the Wal*Mart employee with the policeman to have the guy give up his rights. (“The Wal*Mart manager and police officer lectured about how next time if I just cooperated and gave up my rights at the beginning,”)
@Michael Belisle: You realize there are tons and tons of places called Germantown, right? I live in Germantown myself. It’s a subsection of my city.
This is a customer service issue, not a civil rights issue.
The door checker should have apologized, been polite, offered to walk back with the customer to talk to the cashier and moved on.
The problem is there’s no good way for the door checker to do their job. They can do good customer service and leave the door for a moment (letting others stuff go unchecked) or they can escelate the situation into unfriendly areas. Too often they choose the latter.
So Wal-Mart employees illegally detain you and the off-duty police officer didn’t do anything? Nice. I wonder how much Wal-Mart is paying off the police.
The one important thing I’ve learned from all these Wal-Mart receipt stories is to call the police immediately if I’m followed into the parking lot by a security guard or off-duty cop. Just whip out the cellphone, dial 9-1-1, and report a crime in progress (by the wal-mart employee).*
THEN, let the games begin.
* as others have stated, you can be treated this badly ONLY if they have seen you steal something, not for simply refusing to stand on line & show a receipt.
How long until Walmart gets sued and taken to the cleaners over this sort of behavior?
I shop at a K-Mart in Center City Philadelphia that treats me better than this.
It would be kind of fun, if you have the time and inclination, to sue for assault, battery, and wrongful imprisonment. Even if the employees by the door were acting reasonably, that just means the employee at the register was all the more negligent for throwing out your receipt when it meant you’d be unable to leave. Either way, WalMart would be vicariously liable for the actions of its employees. (None of this is legal advice and I’m not your lawyer.)
I agree that WalMart is retarded and they shouldn’t have hassled this guy… But seriously… Wouldn’t a reasonable person just walk back to the register with the guard and clear it up? As far as civil liberties go, being asked for proof of purchase when you’re leaving a store with a bunch of merchandise (even if it’s low-valued) is not anything worth getting worked up about.
Goodness…does it REALLY matter which Germantown it is? If you do a simple search for Butlers Orchard [www.butlersorchard.com] You will see clearly it is Germantown MARYLAND. Here is a map of the Wal-Mart in question [maps.yahoo.com]
These Wal-mart stories really make me laugh. The Wal-Mart I frequent is often robbed. The local paper posts photos of people carrying televisions, tools, etc. out the garden entrance of the store yet there is the “attendant”, usually elderly, at the front of the store stopping women with huge grocery carts full to check the receipt. I truly resent it because the Wal-Mart is usually a madhouse and checking receipts really holds you up. If you have to return to a cashier you will most likely have to wait for the cashier to check out the person they are checking (out) and then go through the whole receipt ordeal.
I wonder what they would say if someone told the receipt checkers and managers,”Sure you can check my receipt since it is your belief I am stealing however what compensation will I receive for my time as an honest citizen once you discover I have not stolen these items?” If they say there will be no compensation for the hassle and embarrassment just walk out.
I think one day I am going to tell them I would like to return every item when they check my receipt. I am going to explain that I am not comfortable purchasing product and providing a profit to a company that assumes I am a criminal and K-Mart is closer to my home anyway.
I especially LOVE Best Buy. Usually the security guy is standing right at the check out watching people check out and STILL asks to see the receipt! Once you pass through check out you have to go outside the store to get to where the product is so how could you have stolen something and put it in your bag when there are only 10 steps from the registers to the exit? That is the reason I wave my receipt at the guy as I go out…not to be a sheeple but to be so obvious. You watched the girl ring me up, you watched me walk toward you, and you have the nerve to ask for my receipt??? HERE IT IS DILLHOLE SEE?? SEE MY RECEIPT???
A reasonable person pays for their merchandise and leaves the store. Period. Your want me to stand on line so you can confirm that I’m not a crook? Now, that’s unreasonable.
My standard response to the receipt retard?
“Not today. Thanks.”
@scoli83: You can only use deadly force to defend yourself, or others, from the use of deadly force, aggravated kidnapping, murder, rape, or robbery.
Depends on the state, scooter.
@jimconsumer: Yes it does. I was responding to a comment referencing Texas. I therefore responded with Texas law.
Though as was pointed out, while I did list the specifically enumerated crimes to which deadly force is an acceptable response, I neglected to state that deadly force is allowed against felonies in general.
Further, simple assault is a misdemeanor and is thus an insufficient provocation for deadly force.
Don’t call me scooter, son.
Walmart also has cameras EVERYWHERE. That’s why they are there. You need proof that someone actually stole something in order to detain them.
People are getting waaay to comfortable with unreasonable search and seizure.
Walmart can ask you to stop but you don’t have to. It’s harder to get caught shoplifting than get away with it and the charge is the same whether it’s 4 bags of sugar or a big screen TV(theft under $5000) so if you are going to steal, make it something worthwhile.
On the off chance you do get caught there will be no jail time, maybe a ticket and you most likely won’t even end up in court(but if you do end up in court the videotapes are not admissable, only the testimony of the arresting LPO who witnessed the entire crime take place)
P.S I was Loss Prevention(at Walmart and Home Depot), not a shoplifter.
@vancleef9000: Why are the tapes inadmissible?
I’m curious about that too. I seem to remember being shown instructional videos that showed how those tapes WERE used in court, and they most certainly WERE admissible.
Boy, what a bunch of buttheads, they have at Wal-Mart! Stupid and ignorant!
“…cooperated and gave up my rights at the beginning, it would have been much easier…”–that’s just what government and corporations want.
And how often do receipt checks actually catch anyone shoplifting?
#1 They can’t possibly do an item by item audit for every customer to make sure you have only the items that are listed on the receipt. At Costco, they give your cart a half-hearted glance, mark your receipt, and send you on your merry way. All they’re doing is delaying you from leaving the store.
#2 If I was shoplifting, I’ve most likely got the stolen item stuffed somewhere more secure than the bags I’m carrying out of the store. And since they don’t frisk you or check your other bags or your person, they’re not likely to find anything even if you are stealing.
Receipt checks are more for show. They say, “We’re serious about minimizing loss”. But the funny thing is that it does very little to prevent stealing, and it pisses off and alienates legitimate customers, who are less likely to return to that store as a result.
I’ll bet stores lose more business to angry customers who feel victimized by these searches than they’re gaining in protected merchandise.
@oChrist Walters
Way to inject your views in an article. Try having some objectivity in your articles.
@Cliff_Donner
Damn straight.
Come on consumerist, get on this!
Well.. It looks as though Wal-Mart has finally crossed the line.
Security personnel, depending on the state you are in, and I only know of two that allow it, cannot arrest or put their hands on you in any way, shape or form unless (in those two states) they are arresting you, or they are defending themselves from immediate attack. Security personnel are only.. let me stress this.. ONLY to OBSERVE and REPORT. They are not supposed to intervene unless there is an immediate threat to life. I doubt your four bags of sugar were a threat to anything except the strawberries.
Preventing someone from leaving the premises of any establishment without ARREST (not detention)–unless the person preventing you from leaving is a PEACE OFFICER–is a felony–unlawful detainer in some states, attempted kidnapping in others, false arrest in some others yet.
So.. We have a story in which Wal Mart staff ASSAULTED a customer (felony, aggravated assault, no less), committed unlawful detainer, and then engaged in threats of physical violence (felony or high misdemeanor, depending on state).
Get a good attorney. Press charges and sue. Go to the press.. Make Wal Mart VISIBLY responsible for this travesty.
I don’t show my reciept to anyone at any store–so far, I’ve never been challenged. If I ever am, I will assure the person doing so that they are making a large mistake, and have no legal grounds for doing so. I paid, the items are mine–only a judge can take them away from me.. and since you’re not in a black robe holding a gavel and sitting behind a bench, I’ll just be on my way, thanks.
Go get ‘em.
Skip WallyWorld. Not too very much further down the road, over on County Line, is an Aldi. Their prices are even lower than WW, and even lower than the grocery store that’s also on County Line, catty-corner from Fleet Farm.
And I’ve found that since I’ve been carrying a firearm the checkers don’e hassle me. At all. It’s legal in Wisconsin to openly carry a firearm for self-defense.