Here Ye Hear Ye!
William Nett
 You've
spent three hours at Best Buy or Fry's, picked out your merchandise,
walked through the gauntlet checkout line and received your goods for cash
or credit card. One final stop the door checker? He/she wants to see the
contents of your bag to "make sure you got what you paid for."
Ever notice
that they tell you to show your receipt and 'not necessarily' your bag to
the door checker?
Welcome to the fourth Amendment people... Unlawful
Search and Seizure. You showing the contents of your bag is completely
voluntarily. Once you seal the purchase with cash or credit card, the bag
and it's contents are yours... your personal property. Protected by the
fourth amendment, welcome to the the bill of rights.
I've been stopped by these Best Buy door thugs who
demanded that they examine the contents of my bag, and I requested a search
warrant. They state that they are not police, but that they reserve merchant
law. I call bullshit... there exists no such law and if you unlawfully place
your hands on me, "That's misdemeanor Battery," (CA242PC) and
smile.
They have called me many names, told me that they
have cameras, but not one thug has ever placed his or her hands on me... and
here's why. A security officer has the right to apprehend or detain you if
he or she has reason to believe that a felony has been or is about to be
committed. They equally have the same right if they have witnessed a
misdemeanor in action. Tricky part here is that to be a witness, they have
to state and verify that they watched you commit a crime and have never
taken their eyes off of you till the time of apprehension when you have
breached domain of physical control.
If they cannot satisfy these
requirements, then they can satisfy a judge's gavel for an unlawful
detention lawsuit... that cost's them lots of money. In the end I've done
nothing wrong, and am a little bit richer... woohoo! New video card!
Now folks, I'm not advocating being sneaky or a
thief, if that's what you do, then you're an idiot... I'm just advocating
your rights as a private citizen who has purchased something honestly and
hates harassment. As you exit Best Buy, Fry's or any other establishment,
gladly show them their receipt at the door, but the bag in your hand is
legally no different than the bag over your wife's shoulder.
"For the record, I am a former Military Police
Officer with seven years experience in the Navy, two with the Army, and five
years third party with San Diego and LAPD."
William M. Nett
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