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Reply #40: False detainment or forced search is [View All]

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Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
nadinbrzezinski Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 03:18 PM
Response to Reply #35
40. False detainment or forced search is
a violation

That is the issue

If you wish to VOLUNTARILY COMPLY all the power to you

But if that search is NOT VOLUNTARY you have crossed that boundary... and at the very least the store is liable in civil court. If they DETAINED YOU and moved you away from view, it's called kidnapping... which is ILEGAL under any and all state laws.

And yes it is essentially your right to be free in your person and property...

Sorry... that is what CONSTITUTIONAL LAWYERS have explained this to me

Hell, I expect one of these cases to go all the way to the Supremes one of these days. Now wiht the current supreme court they may take a view that is contrary to any and all precedent but that is another matter.

The only place where the store policy makes you show your receipt on the way out is where YOU sign a contract where this is spelled out in black and white (COSTCO)

As I said, if you are willing to comply, go for it. It is a VOLUNTARY SURRENDER of your rights
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