The Wal-mart in Sauk Centre, MN

From The Consumerist:

"According to consumer reporter Asa Aarons, unless you've signed a membership agreement contractually obligating you, bag searches and receipt checks are voluntary. As in, you can refuse.

"If the retailer has a reasonable suspicion you're shoplifting, however, they can detain you at will."

Wal-mart has had issues with this in the past, as you can read about here, and here, and here. My story isn't quite so bad.

This morning at the Sauk Centre Wal-mart, I went with my brother to buy some items.  I purchased the items and began to walk out with them.  As I attempted to exit, an employee told me to wait so she could check my bags/receipt.  I told her I did not want her to look in my bag.  She protested, and I told her she had no right to look in my bag.  I then proceeded to walk out, ignoring her.  She tried to stop my brother, but he decided to follow me.  My brother says it is not an exaggeration to say she was yelling at us.

I also think it is important to note that the employee did not merely ask to see my bag/receipt; she did not seek my consent.  She gave me an order, saying something to the effect of "Wait, I need to see your bag."  I felt like she had no authority to give me such an order, and thus I had no obligation to follow her order.

The employee followed out the door, and as I walked to my car, she alerted another employee outside, who followed me.  As I drove away, it appeared to me he was writing down my license plate number.  To avoid any lingering hassles, I turned around.

A manager was in the parking lot.  I rolled down the window and explained that as a customer (who is not a member with a prior agreement), I had no obligation to let an employee look in my bag.  I preferred not to be hassled, and just wanted to leave.  Once I've purchased the items, I'm allowed to leave and they don't have a right to search me.

The manager explained this had nothing to do with searching me (though if they were going to look in my bags or look at my receipt, it is a search: the fourth amendment specifies "papers, and effects"), but that they have the right to check receipts.  I explained I knew the law, and that they did not (of course, they have a right to ask to see my receipt, but as the Consumerist reports, it is my choice whether or not to comply).  Of course if they had reason to believe I had stolen something, they could stop me.  Do you suspect me of stealing?, I asked.  The manager said she did not, though she did suggest it was strange why I wouldn't want somebody to look in my bags.  She also said the security alarm went off (I did not hear a security alarm as I had exited), and the employee was supposed to check when that happened.  She further added that sometimes the alarm goes off because of an error scanning merchandise (though that means nothing to me: if I didn't steal anything, then I had nothing to do with any alarm going off, which in this case I don't even think happened.  But people often walk through security alarms when they mistakenly go off.  They generally keep walking.  I do: I know I didn't take anything, and I have nothing to do with a machine buzzing beyond my control, so if I want to keep walking, I keep walking.  A machine buzzing doesn't automatically take away my rights). Finally I said that if she suspects me of stealing, I'll pull over and show my bags and receipt, even though I am not obligated to do so.  She said she did not, and she let me go.

All in all, it wasn't a big deal.  The employee was clearly not well trained to know that any bag search/receipt check of customers at a store are voluntary.  But I was not detained--merely hassled, slightly accosted, obviously accused.

Why did I not just show my bags?  I did not steal anything.  I had done nothing wrong, and I had nothing to hide.  But it is a matter of principle.  I'm appalled by the suggestion that "If you have done nothing wrong, then it shouldn't matter if I violate your rights."  The police can't do that (see the 4th Amendment), and private businesses can't either.  We have rights, and for a merchant to search or seize a person, that merchant needs probable cause (such as witnessing stealing).  I don't have to say "Well, I didn't do anything wrong, so I guess I'll set aside my rights and let you search my bags."  I simply don't have to do that: I have the right not to be accosted in such a way.  Bag searches and receipt checks are voluntary.  In this case, I chose not to allow my bags to be searched or my receipt to be checked, and so a Wal-mart employee yelled at me, followed out into the parking lot and sent another employee to follow me.  She apparently did not know that my consent to a bag search/receipt check was voluntary.