"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Here's another blog site to investigate.
http://bigrobby.com/walmart/
Note: there are some bad words by some posters. I have no control over that.
I've read it thoroughly and support his premise that I am not a thief, and Walmart has to formally accuse me of theft, and then call the police on me before I will submit to a search of my person and effects. They will have to issue a "warrant" in the form of an official theft complaint, bearing witness or affirming with an Oath, that they saw me steal the item, or fail to pay for it, or have other just reason to suspect that I am stealing a specific item.
If it turns out that I have a receipt for the things they just accused me of stealing, without having "probable cause", I can sue them for it. Also, if they touch me in trying to get me to stop and prove I am not a thief, then they have assaulted me. I can't wait for THAT to happen. I need to buy a big ticket electronic item, just to walk out of the store with it and trigger the inevitable, and then return it the next day. This is gonna be so FUN!
2 comments:
I would have to disagree with this post.
Walmart cannot violate your 4th amendment. The amendments were instituted to protect us from the government; Walmart is not a government entity. Sorry.
And security has the right to detain someone whom they have reasonable suspicion has just committed a crime. Hence holding someone for an hour. However, longer than an hour you have problems with an illegal detention.
Jamee
I would have to disagree with you, Jamee. Walmart has no probably cause to just stop everyone who walks out of the store with stuff in a cart. If they have a reasonable suspicion of a crime having been committed, i.e., probable cause, they have to produce the probable cause to stop me. That is, "I saw you take that from the shelf and not pay", or "Please remove the rotissary chicken from under your dress, m'am", etc. I'm going to see what happens in a court of law.
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