Author Topic: Man Arrested by Circuit City....is Chairboy still posting? (Read 1933 times)

lasersailor184 · « **Reply #60 on:** September 06, 2007, 02:46:58 PM »

I blame the double negative on a new keyboard. My old one needs to get replaced soon.

Eagler · « **Reply #61 on:** September 06, 2007, 03:37:57 PM »

Quote

Originally posted by moose
felt i should chime in here.

as an ex loss prevention employee of best buy i can tell you that what happened in this case would have gotten both the LP associate and the manager fired from my store. under no circumstances can a employee try and physically detain you. the receipt checking is simply voluntary. even when we caught shoplifters we had no right to touch them.. they just didn't know they could run out without us stopping them. the idea behind such rules was that if in a situation like the one here, the legal costs to fight a lawsuit would far exceed the costs of the product. thats right - you could walk into your local best buy, grab an lcd tv off the shelf, and walk right out the door with it.. and you could never be stopped.

i'm sure circuit has the same policy too. those store employees are all sorts of screwed.

So I guess these two winners should have asked for help to load their truck eh?
link

Chairboy · « **Reply #62 on:** September 06, 2007, 03:41:01 PM »

Those folks would be good candidates for accusing of shoplifting. Because, oh, they were.

But I shouldn't be a suspect after purchasing something. Accuse me formally, or get out of my way. I'll be polite as you allow, Mr. Door Guard (who has been put in this position at someone elses direction and I don't resent personally), but if you hold me without the formal accusation (and the rights that gives me), then it's a form of kidnapping, and not kosher in the USA.

The US Constitution: It's not just a good idea, it's the law.

Holden McGroin · « **Reply #63 on:** September 06, 2007, 05:58:27 PM »

Quote

Originally posted by Chairboy
The US Constitution: It's not just a good idea, it's the law.

If I, as a private citizen were to search you without warrant and without probable cause, I would not be in violation of the US Constitution.

I would be in violation of statutory laws, but not constitutional law.

McFarland · « **Reply #64 on:** September 06, 2007, 06:14:29 PM »

Quote

Originally posted by Holden McGroin
In Mayberry, there is a famous precedent.

This guy arrested Deputy Fife and Barney had to write himself a ticket for an illegal U-turn.

"This guy" is Gomer Pyle, and it was a citizen's arrest, not a detaining without any reason. They didn't citizen arrest him. They held him.

Holden McGroin · « **Reply #65 on:** September 06, 2007, 06:48:26 PM »

Quote

Originally posted by McFarland
"This guy" is Gomer Pyle, and it was a citizen's arrest, not a detaining without any reason. They didn't citizen arrest him. They held him.

Wow... take issue with a joke...

My point was that CC is a private, not a governmental entity. They are not bound by constitutional rights as a governmental entity is. CC is bound by statutory law as to how they can behave... the constitution does not apply.

McFarland · « **Reply #66 on:** September 06, 2007, 07:08:44 PM »

Ok, so the US Constitution doesn't apply on private or commercial property? So I can silence my employees, search them, hold them, anything I want...... because it's not the US anymore?

Chairboy · « **Reply #67 on:** September 06, 2007, 07:14:34 PM »

Quote

Originally posted by Holden McGroin
Wow... take issue with a joke...

My point was that CC is a private, not a governmental entity. They are not bound by constitutional rights as a governmental entity is. CC is bound by statutory law as to how they can behave... the constitution does not apply.

The detainment becomes kidnapping, friend. If you don't believe me, put your money where your mouth is and go try it out. I don't suggest it, of course, but you'd sure show me.

Holden McGroin · « **Reply #68 on:** September 06, 2007, 07:24:34 PM »

sigh...

The constitution limits the power of government. It is the agreement by which We the People of the United States af America consent to be governed.

It has nothing to do with how I as a private citizen interact with you.

Example 1:

The Dixie Chicks did not have their right to free speech infringed, as there was no governmental action against them. They were not jailed for their speech. Their audience shrank through the free action available to their audience as free citizens of the USA.

Example 2:

If I were to fire an employee because they wrote in the paper that my company was idiotic, I would be free to do so within any private employment agreement...

There may be statutory laws that limit my power as an employer, but the constitution limits the government, not my private company.

Kidnapping is a statutory law. As is murder. These are not unconstitutional unless he government is kidnapping and murdering.

AKIron · « **Reply #69 on:** September 06, 2007, 10:04:35 PM »

I don't especially like having to wait in line to show my receipt but I see it as a stipulation of doing business with a retailer. It's certainly my choice to trade with them or not. I'm morally behind this guy in his attempt to buck the system.