December 10, 2004

• I had the same problem a few years ago. I found that one of those stupid magnetic strips had wormed its way into a hidden fold of my wallet. It got in there when I had both items in my pocket and the strip got snagged into the wallet. You also may want to empty out any books that you might be carrying.
• two words: online shopping.
• I would recommend getting rid of the wallet and all credit cards. Begin carrying only large amounts of cash. And wear a bright orange jacket with a Florida Marlins baseball cap and shop tomorrow downtown between 1 and 3. It really is the only solution.
• As one of those former monkeys in uniform (the retail type, not the security guard type), I was told that some cell phones set those things off, although I've always doubted the veracity of that. Anyone?
• Depends on where you are, but I've been told by those in the know that here in Ontario, you are not required to submit to a search. If the store clerk or security guard actually sees you steal an item, then they can detain you until police arrive (citizen's arrest rights), but setting off the alarm is NOT cause enough to allow a search or detainment. I had a similar thing happen to me, when I bought an item that wasn't deactivated (but didn't set off the alarm in the store where I bought it). In every store I visited after that, though, I set off the alarm on the way in and the way out. Since I knew I was innocent, I just ignored the clerks asking me to come back and be checked. They never pursued me.
• I had a friend in junior high whose favorite prank was to slip the magnetic strip out of a library book and then stick in someone's purse, bag, jacket pocket, etc. If I were you I'd comb through my wallet or whatever looking for one.
• On the plus side, though, once they've gone through your bags and everything...shoplift! When you set it off again on the way out, just give an embarrassed "oh god remember me? I just walked in and I'm so mortified because something in my wallet sets off your detector" look. I've used this technique to the tune of hundreds of dollars. DISCLAIMER: If you are an employee of Barnes & Noble, that never happened. In fact, just forget I said it.
• Clean out wallet. No more PITA. Damn shoplifting brats.
• Thanks for the input, but I'm pretty much stuck carrying what I do and finding out the problem is a magnetic strip isn't going to help. I'm not really interested in putting any effort into placating the retail industry's disfunctional equipment. I just want info about my legal option to tell the hired goons "no" when they ask me to come back.
• Here ya go: Illinois Criminal Code of 1961 (720 ILCS 5/16A‑5) (from Ch. 38, par. 16A‑5) Sec. 16A‑5. Detention. Any merchant who has reasonable grounds to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time for all or any of the following purposes: (a) To request identification; (b) To verify such identification; (c) To make reasonable inquiry as to whether such person has in his possession unpurchased merchandise and, to make reasonable investigation of the ownership of such merchandise; (d) To inform a peace officer of the detention of the person and surrender that person to the custody of a peace officer; (e) In the case of a minor, to immediately make a reasonable attempt to inform the parents, guardian or other private person interested in the welfare of that minor and, at the merchant's discretion, a peace officer, of this detention and to surrender custody of such minor to such person. A merchant may make a detention as permitted herein off the premises of a retail mercantile establishment only if such detention is pursuant to an immediate pursuit of such person. A merchant shall be deemed to have reasonable grounds to make a detention for the purposes of this Section if the merchant detains a person because such person has in his possession either a theft detection shielding device or a theft detection device remover. (Source: P.A. 91‑468, eff. 1‑1‑00.)
• And whether those metal detectors constitute "reasonable grounds" is a crapshoot.
• As one of those former goons....oh, said that already. The answer to your question is yes, you may legally tell them no and go on your merry way. The laws are quite strict in terms of detaining "suspected" shoplifters. I'm not sure about elsewheres, but here in Virginia a representative of a merchant cannot detain you unless: 1) they saw you conceal merchandise, 2) they did not lose sight of you, and 3) you are clearly exiting the place of business. However, be careful of gung-ho retailers/security guards. And be polite. On preview: Looks like Illinois has slightly different laws, but "reasonable grounds" is the key. Electronic article surveillance has never been upheld as "reasonable".
• Thanks rolypolyman. I didn't have a clue how to go about a search for the legal statute. Looks like I can attempt to keep walking at the risk of losing significantly more time dealing with the stink that would be raised. I'm sure reasonable grounds would get defined as "we're a huge corporation with that's already paying a bunch of lawyers and you're merely a some guy." Ultimately it would be dismissed, but not without even more hassle on my part.
• Heck, the stores are taking your time, take some of theirs in return. Insist that whom ever stops you, work with you to determine what is setting off the alarm - go through the detector time and time again, dropping single items on the floor at their feet and request they be watched over carefully. After about fifteen minutes of this, pull out a snadwich and take a break before resuming. On the up side, you just amy find out what is tripping the alarm and end the problem.
• You can certainly keep walking. You will not be arrested for any sort of resist, obstruct, or delay charge because the security officer or store personnell are not police officers. It an officer tells you to stop, you had better stop. The store can detain you, however. They have that right if they suspect you of shoplifting. You will not be able to sue them if they physically detain you. They also can tell you not to come back. If they do this, they can have you arrested if you do return. So the short version is this: you have the right to keep on walking and you cannot be arrested for doing so. They have the right to detain you if they have probable cause to believe that you have shoplifted. Literally, it could just be a footrace.
• There is one way to find out. Just keep walking. If they follow you and call the cops, then you know.
• I worked at B&N for years. The security devices they have are based on radio frequency- as are the devices used at most stores today. The likely culprit is an access card (i.e. cards that hotels use) or on rare occassion, a garage door opener. In all of my time doing the whole security check thing I never once found a cell phone to set the alarm off. In the end the worst thing that will happen is that employees will "watch" you a bit more carefully or customer service you to death. Oh yes, Mr. musingmelpomene, we know who you are.....
• ms.
• I worked at what used to be Crown Books for ages. Considering the time of year, it's most likely that your sales clerk isn't de-sensitizing every item you buy. This is why you get waved through the exit rather than asked back in to the store so that they can wave your cd/book/game/pants/vibrating broomstick over the counter a dozen times to properly desensitize it. It's too much of a hassle when you have long lines. But even if it isn't clerical error, a lot of stores will have a guard check every customer at the exit with items that are not bagged ( this routinely happens to me at Target). Some stores will have security stop every customer and reconcile their receipt with their "purchased goods", usually electronic stores such as CompUSA or Best Buy, even if the security arch doesn't go off. This is mainly a tactic to scare off potential shoplifters, but the practice is obviously infuriating to most consumers. Illuminating advice and personal aside: If this happens often at certain retail outlets, complain! Submit to the search or whatever it is and then ask to speak to the manager of the store. Make it very clear that you are very tired of being treated like a potential criminal every time you come to make a purchase instead of being treated like the paying customer that you are. My Dad works for a retail chain that shall remain nameless, and he goes apeshit whenever someone asks to see his bag. I'll come out and say it. He got tired of the 15 year old cop at the Target asking to check and see if what was on his receipt matched what was in his bags, so he asked for the manager. He made his grievance, and his nearest Target maybe the only one in the San Gabriel Valley area that doesn't consistently check all of its customers. Make it clear that if it is more important to them to scare off shoplifters than to encourage your return business or possible word of mouth; fuck'em, you'll take your business elsewhere and make sure that every family member, friend, acquaintance, fellow church member, and bowling league member you come in to contact with will do the same. This usually works during the regular calendar year, but during the holidays you may have to just grin and bear it.
• I am a retail manager, with 20 years experience. Search and seizure laws vary from state to state. KNOW THEM if you intend to do anything other than comply with requested security checks. My guess is that you have a leather coat or handbag with a non-demagnetized security device inside it somewhere. There are different frequecies for different devices, the sporadic but continuing nature of your problem makes me suspect that this is the likely cause. A process of elimination can easily determine if this is so. If the clerks are failing to deactivate merchandise you purchase, politely complain to the management, with the emphasis on politely. When this happens in my store, I will compensate the shopper with a nominal gift certificate, and counsel the staff about the importance of good customer service and attention to security. All staff make mistakes, but no retailer can afford to employ staff who regard security as an afterthought. Your own embarrassment and frustration illustrate the importance of this issue. I will be printing this thread out and posting it in the lunchroom tomorrow.
• With the onset of RFID everywhere, I imagine this problem is going to become a lot more amusing. I had a friend who claimed that security measures like this made shoplifting easier than without. Why? Because the stores tend to trust the anti-theft system, which like all systems are easily circumvented by someone with "insider knowledge". Such a person can walk out of the store with lots of merchandise and smile and wave at the security doof on the way out.
• I only ever got caught shoplifting when I wasn't actually doing it. Apparently I looked shiftier shopping than stealing. Go figure. After I got over that phase and became a law-abiding citizen I learned to browse in places with small items with my hands clearly visible clasped casually behind my back, as in look, dickhead, you can see my hands, so quit with the "covert" following. I've worked in places with store dicks, and I can spot them a mile away. For some reason I find it intensely irritating when they are blatantly watching you; so much so that at a local Chapters I complained about this idiot peering around shelves to glare at me, saying undercover buddy wasn't really doing his job by being that easy to pick out. Like most Chapters employees, they blinked at me like a nestful of startled fluffy owls with interesting eyewear, and went back to peeping softly at one another. If I was you, I'd fix the problem. I saw a guy getting shit-kicked in a backroom by security guards who caught him drinking from a little milk container before paying for it. Just a little something to know should you want to do anything that pisses them off in the biker-run Super-Valu on Davie.
• You got falsely detained for shoplifting? Could be grounds for a lawsuit. Which is why I've heard that store dicks HAVE to see you attempt to leave the store without paying for something in order to detain you. There have been too many expensive judgements against over-zealous "store detectives" for them to just stop anyone who looks "shifty". Which reminds me. Anyone else know about the "drop bag" shoplifting gambit?
• I get followed in stores all the time. I don't know what shifty behavior I display, but I must set off some sort of "shoplifter" alarm in the hearts of retail employees. It's annoying -- I've never stolen anything in my life, and yet I'm the one followed. This actually happened to me when I was shopping in a local gift shop for my Monkeyfilter Secret Santa gift. And though I found something *perfect*, I got so mad at the shopkeeper that I left without buying anything.
• Never detained - I would just say - If you think I've got something of yours, call the cops right now, I'll wait. Otherwise, fuck off. Since they had not actually seen me take anything - because I hadn't - and they knew it, they'd back down every time. Used to piss me right off, though, and I'd make as big and loud a scene possible, in front of as many customers as I could. This once happened in a lingerie shop - I tried on a bra, didn't like it, put it back, realized one of my petticoat hems* was tucked up in my waistband after having my dress off to try the bra, and I went back into the changeroom for about 10 seconds to fix it. I would have just done it right in the store, but the owner was right there helping a male client and I thought it would be rude. I come out, the guy's gone, and I'm reaching for the door when the owner says, you've got something of mine, give it back. I said, uh...no, I don't. She insisted, and couldn't even tell me exactly what I was supposed to have stolen, only that she knew I stole 'something'. I finally said, what, should I strip right here? This is a goddamn lingerie shop - you want to see if my fucking undies are yours, let's go. That shut her gob, and I left. Grrrr. Still makes me mad. *going through a weird Goth stage, involved lots of petticoats and raggedy black droopy dresses...
• In BC ( where Money and I both live) the rules on shoplifting are quite specific, and extremely generous for criminals. The emplyoyee must actually observe the shoplifter remove the goods. They must keep the subject within their sight at all times. Only when the subject actually leaves the premises, can an arrest for shoplifting be made. Thus, security checks at exits don't result in charges, they are conducted purely to convince shoplifters to go find an easier target elsewhere.
• I seem to recall reading a while back that if a store has a "conditions of entry" notice in a clearly visible place as you enter, they can search your bags if it is listed as a condition of entry. Mind you, I'm in Australia, so this may not actually apply anywhere else (and maybe not even here). Also, I was always told in most retail places I've worked that if you do check a customer's bag(s), they need to open it themselves, though I suspect this was just policy preventing accusations of theft from the bag(s) by the staff.
• I've had good luck abruptly turning on a undercover security goon trailing me, and asking very loudly, "Excuse me, but what the fuck's your problem?" like you think they're some pervy weirdo. Since they can't announce what they're really up to, they tend to scuttle away. As you may have noticed, I use swearing loudly not unlike a skunk uses the tail-hiking-backing-up thing. I can bluff like yer grifter granny. I've got more teeth though.
• Always an endearing attribute.
• When I'm followed by store employees, I've started trying to engage them in (way too) perky conversation. I turn on the TX accent, and say things like (pick up item) "Isn't this niiiiice? Is it on sale? How are you? Isn't the weather (insert appropriate remark)? Don't you just love Christmas? Do you have pets? Do you have children?" Then I'll pick up the next item and start over. They usually go away quickly, and I can't be accused of anything other than being polite. ... Of course, that's only if I'm in the mood to screw with them. If I'm not, I just leave. Either way, I never buy anything.
• Monkeyfilter: I can bluff like yer grifter granny. They just keep on rollin'