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goddamnedfrank12/23/2012 5:31:41 pm PST

re: #155 PhillyPretzel

What is wrong with asking to see a receipt? They do it all the time at BJ’s.

Nothing, but it’s not compulsory to comply.

What of the shopkeeper’s privilege? Most of the circumstances satisfy the conditions necessary for Circuit City to claim the detention was privileged. The defense would turn on whether the guard had probable cause to detain and search Mr. Righi for stolen goods. However, Circuit City does not have the power to forcibly search all of its customers, and the only specific and articulable fact that brought Mr. Righi to the guard’s attention was that when offered the opportunity to submit to a search, Mr. Righi politely declined. It is circular reasoning to suggest that the refusal to submit to a voluntary search is itself justification for subjecting a customer to one that is compulsory.