<![CDATA[Consumerist: detained]]> http://cache.gawker.com/assets/base/img/thumbs140x140/consumerist.com.png <![CDATA[Consumerist: detained]]> http://consumerist.com/tag/detained http://consumerist.com/tag/detained <![CDATA[ Celebrity Cruises Won't Let Passenger Leave Ship And Go Home ]]> Hank went on a cruise with his family to celebrate his grandmother's 75th birthday. Because of a change in his work schedule, Hank had to leave early to return home to California. But when you're a guest of Celebrity Cruises, YOU ARE A GUEST OF CELEBRITY CRUISES. There is no "return home" for you! Be quiet! Eat waffles!

According to Hank's full story, the cruise was a magnificent blend of fine food, shambling old people, questionable musical numbers, and gorgeous scenery. It was only when he tried to leave before the date on his itinerary that the ship's pleasure police went into overdrive:

When we reached Juneau, I had to return to Los Angeles. But when I tried, with my luggage, to leave the ship along with the hundreds of other passengers disembarking to see the city, the ship's crew stopped me and informed me that I would not be permitted to leave the ship with my luggage. Then, in the rudest possible way and without explanation, the ship's security escorted me, as though I were a criminal, to the ship's Guest Relations desk, where the security officer informed the concierge that I had tried to escape.

Apparently, some brain-dead U.S. lawmakers in 2006 passed the Jones Act, which among other things, fines foreign cruise ships that allow a ship passenger to disembark from a ship in a state different from the one from which he originally boarded. Because most cruise ships, including the one I was on, operate under a foreign flag to avoid being subject to a number of U.S. laws, the cruise line wouldn't let me off the ship. I was afraid I would be trapped on a huge floating city, being forced to "enjoy" a pleasure cruise where I could eat, swim, eat, and learn about nature as much as I wanted — for all of eternity. I imagined being locked in the theater with Brett Nixon yelling at me, "You will stay, stay, stay, stay, stay on this amazing pleasure cruise, and you will like, like, like, like, like it and Alaaskaaah!"

For over an hour, Celebrity Cruises held me on the ship against my will as I argued with them about the ridiculous bureaucracy of it all. Finally, they agreed to release me from their custody after fining me $200 and sending me to U.S. Customs (though I had never stepped foot on foreign soil, being on the foreign cruise ship evidently required me to "reenter" the United States through Customs). The way the cruise line's security had treated me, it was though I had tried to steal their precious waffle-making apparatus from the waffle bar and smuggle it off the ship. Except I was just trying disembark and return home, in my own country.

Eventually, I escaped their clutches. At U.S. Customs, they barely looked at my paperwork and let me continue on to the airport. But I miss the waffles.

"Held captive on a ship with delicious waffles by Celebrity Cruises" [withoutbaggage]
(Photo: trialsanderrors)

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Consumerist-5039311 Wed, 20 Aug 2008 09:36:14 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=5039311&view=rss&microfeed=true
<![CDATA[ Wal-Mart & Local Police Detain Man, Threaten Arrest Over 4 Bags Of Sugar ]]> 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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Consumerist-5016512 Sat, 14 Jun 2008 16:36:24 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=5016512&view=rss&microfeed=true
<![CDATA[ Target Fires Security Guard For Stopping Shoplifter ]]> con_deanbabcock.jpg Usually our shoplifter stories focus on being detained illegally or held at knifepoint by a rabid senior greeter who demands receipts*, but Target in Milwaukee toes the line when it comes to dealing with suspected theft. That's why they fired a retired cop (warning: video) who stopped a teenager he saw stealing liquor for the second time in a month. He told her he'd seen her take rum a few weeks before and asked her what was in her bag this time. She showed him. He called her father. Target fired him because the store policy is that only certain managers can intercept shoplifters. We admire his attention to detail and desire to help, but we're glad to see a Big Box retailer following its own policy.

Babcock seems like a nice guy, and we hope he finds a more suitable job soon. We also hope that when Babcock was on the force, his partner's name was Goobcock, because that would make any reasonable criminal have a good laugh.

*Claim might be slightly exaggerated.

"Target Security Guard Fired After Stopping Shoplifter" [Fox 6 Milwaukee] (Video) (Thanks to Nicholas!)

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Consumerist-375952 Thu, 03 Apr 2008 20:52:50 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=375952&view=rss&microfeed=true
<![CDATA[ Suspected Hat Stealer Drops Dead In Macy's ]]> con_hatallalone.jpg Last Thursday, a 400-pound man in his early thirties was confronted at a Macy's in Oakland, California, and accused of shoplifting a hat from the men's department. According to CBS News in San Francisco, "Security officers at the mall then attempted to arrest and detain Gomes, who allegedly resisted and assaulted security personnel, according to police." The police were called, but on their way to the mall they received a follow-up report that the man had become unresponsive. He died later that evening at a hospital.

Our question: can security personnel really arrest suspected shoplifters?

Go easy on the fat insults, y'all. The guy's dead.

"Dead shoplifter identified" [MercuryNews]
"Coroner ID's Suspect Who Collapsed At E. Bay Mall" [CBS5.com]
(Photo: Gato Azul)

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Consumerist-373983 Mon, 31 Mar 2008 09:53:49 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=373983&view=rss&microfeed=true
<![CDATA[ Detained And Harassed At Walmart For Not Showing A Receipt ]]> Reader J was detained and harassed by some Walmart employees on his way out of the store the other day. J had already put his receipt inside his wallet after purchasing a $25 shower rack when a Walmart employee demanded to see his receipt. J declined and continued exiting the store. That's when things got weird. First, he was grabbed by a Walmart employee, then another customer started pushing him back inside the store.

Yesterday (2-28-08) late afternoon I bought a $25 shower rack at the Wal-mart in [redacted] New Hampshire, and then tucked the receipt safely inside my wallet so I wouldn't lose it in case I had to return the item. The cashier did not bag the shower rack, so after I was done at the register I picked up my item and headed for the door. As I was approaching the door, the receipt checker Bob said, "Do you have your receipt?" To which I responded, "Yes, it's in my wallet" and I kept walking towards the door. Behind me, I could hear him yell "Sir! Sir! I need to see your receipt!", but being an avid Consumerist reader, I knew I didn't need to stop, so I kept walking. Bob ran up in front of me and stood between the slider doors, blocking my exit and budging me back inside. Appalled that the Wal-mart employee had just touched me, I said "excuse me", but Bob refused to budge, demanding again to see my receipt. I attempted to walk around him, but he kept stepping in front of me, and I would bounce off of him. Now, I was bigger than Bob, but I didn't wish to get physical and blow the situation out of proportion.
At this point however, a random male customer came to Bob's assistance blocking the exit and pushing me back inside. The customer, who was bigger than me, told me to show Bob my receipt. When I refused, the customer responded with "Maybe I'm a cop". So now I have Wal-mart employee Bob and a customer impersonating a police officer physically blocking my exit and budging me back inside when I try to press by them. I was scared. I repeatedly asked the two of them if I was free to go, to which Bob said, "No, you need to show me your receipt." At this point a female employee shows up (I think her name was Cindy) and joins in telling me that I need to show my receipt. The police officer-impersonating customer disappears at this point, but Bob is still physically rebuffing my attempts to exit.

I argue with the female employee for a while, getting nowhere, but for some reason Bob FINALLY stops pushing me back when I try to walk past him, and at this point I consider my illegal detainment to have ended. As I am outside the store and about to walk away, the female employee says something to the extent of "Fine, we'll just write down your license plate number and tell the police you were shoplifting!"

Now, due to the nature of my work, I cannot get in trouble with the police, and any arrest, regardless of my guilt, could cost me my job. So at this point, I responded to her with "Are you kidding!!?? You're going to lie to the police?" She shrugged, and walked back inside. I followed her, demanding to know what her name was, and although she didn't tell me, I think her nametag said "Cindy".

Currently standing back inside Wal-mart near the exit, I whipped out my cell phone and called 1-800-Walmart, and reported what just happened to someone at corporate. At this point there was a lot of onlookers because of the commotion, and I was extremely embarrassed. Anyways, I pulled out my receipt in order to read the person at corporate the store number, and I could see the look of surprise on the other employees' faces. The corporate phone jockey took my name, number, and said someone would get back to me. After I hung up, I switched my phone to camera mode, looked at Bob who was still standing a few feet away from me, said "Smile, Bob", and snapped his picture (attached).

At this point, General Manager David arrived on the scene, and told me that I can't take pictures of his employees, that it's a violation of their privacy (Hah!). I explained to David what just went down, and how it was not acceptable for his employees to lay their hands on me and to threaten me with making a false police report. I was actually surprised with the following discussion I had with David, who was nothing but professional and sympathetic. He understood how completely wrong his employees were, claimed that he'd review the security cameras (yeah right), and that his employees definitely needed some "retraining". I thanked David for understanding, shook his hand, and went home.

I'm still waiting for the call from corporate. Wal-mart needs to understand just how much is at stake when their employees illegally detain customers. Their employees are literally putting their lives on the line. What happens when a customer is carrying for self-defense and fears for his life when a Wal-mart employee illegally detains him? Is it really worth it, Wal-mart?

I'm considering making a police report about the situation, but I'm not sure I want Bob arrested. Sure, I think that what he did was criminal, but he was just a below-average-intelligence, under-paid, and under-trained employee trying to do his job. Should I make the report?

Yikes! All that for a shower rack? Why didn't the employee put one of those "sold" stickers on the stupid thing so that they wouldn't have to launch a criminal investigation as you walked to your car? We don't pretend to know the mind of Walmart, but we're pretty sure their policy isn't to attack their customers and file false police reports about them over a $25 shower rack.

Bob probably will not be arrested if you file a police report about the incident. If you were thinking of filing a lawsuit against Walmart for their behavior, you'd need to file one to use as evidence, but you didn't mention that in your letter.

A formal complaint to Walmart is appropriate. If you file a police report, include it with your complaint. These employees obviously had no idea that what they were doing was wrong and are in need of some guidance. We're surprised to hear a story like this from New Hampshire. Aren't you guys supposed to be all "Live Free or Die?" Did the Walmart employees not get that memo?

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Consumerist-362866 Mon, 03 Mar 2008 12:28:35 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=362866&view=rss&microfeed=true