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Reply #386: The placing of sensors [View All]

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FREEWILL56 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Sep-07-07 05:09 PM
Response to Reply #385
386. The placing of sensors
Edited on Fri Sep-07-07 05:56 PM by FREEWILL56
on their property is allowed as it does not belong to you until you pay for it and then it is deactivated or removed so as to not set off an alarm. Many times due to the inexperience or forgetfulness of the cashier it isn't deactivated or removed thus embarrassing the law abiding customer because it isn't supposed to go off unless you are stealing. That circumstance has the possibility of a lawsuit from that person being restrained for proof they aren't thieves, but the possibility of a defamation of character lawsuit also being able to be launched by the customer because of implied theft should worry stores.

edit to add:

Just like that alarm isn't proof of theft, neither is a receipt not being shown proof of theft and stores walk a thin line in violating a customer's rights and it depends on how it is handled by the store. But some people don't understand that and give more rights to the stores than they have. Technically when you pay for your movie and go to exit that blockbuster store setting off their alarm that unless that security device that is in place doesn't impede your being able to watch the movie, you do not have to stop and prove to blockbuster that you aren't a thief as the burden of proof is on them. If they stop you and detain you, they better be able to prove a case against you. Many here would call you a trouble maker and an asshole asking for trouble for not stopping for blockbuster, but none the less you are within your rights to not stop imho. Any lawyers out there care to comment?
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