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Random Searches in Best Buy: Legal?
So I've always wondered about this ...
When you go to Best Buy these days, on the way out they have a guy at the door who always asks to see you receipt and checks your bags.
Now: Isn't that 'unreasonable search' as defined by the Constitution? Does this guy actually have any legal power? What would happen if you told him no and just kept walking?
(I get that the store is just trying to keep from getting ripped off, and I'm fine with that ... nevertheless, I'm not so sure that spot searches are a good answer.)
Wondering mostly about whether the store has any right to enforce this (I suspect that these are pretty much 'voluntary compliance' searches -- but do not know for certain).
When you go to Best Buy these days, on the way out they have a guy at the door who always asks to see you receipt and checks your bags.
Now: Isn't that 'unreasonable search' as defined by the Constitution? Does this guy actually have any legal power? What would happen if you told him no and just kept walking?
(I get that the store is just trying to keep from getting ripped off, and I'm fine with that ... nevertheless, I'm not so sure that spot searches are a good answer.)
Wondering mostly about whether the store has any right to enforce this (I suspect that these are pretty much 'voluntary compliance' searches -- but do not know for certain).
answers (1)
I'm not a lawyer... and...
It's private property... They can do whatever they heck they want to. If they want to say that everyone must wear a tie when entering, that's up to them.
When you enter a store, you are agreeing to their terms.
Unreasonable search applies to public locations and public officials... namely the police.
It's private property... They can do whatever they heck they want to. If they want to say that everyone must wear a tie when entering, that's up to them.
When you enter a store, you are agreeing to their terms.
Unreasonable search applies to public locations and public officials... namely the police.
Voted as best: daigakuinsei, bbrookin
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On the other hand, I don't think they can require you to do things that are illegal. A dress code is one thing; requiring you to assault another customer, for example, probably not so much :)
Point is: private property does not grant carte blanche. But in terms of the legality, I'm still unsure.
I'm guessing that, if they require you to do something illegal, you always have a CHOICE of not going on their property.
Now... what might be happening here is... If you refuse to be searched (or it is illegal to do so), they can kick you off the property and not allow you in again.
Another thought... they have to have "just cause" to search you. Their "just cause" is to believe that EVERYONE is stealing from them. They probably can detain you until the police arrive... then the police can determine if they have "just cause" to search you.
I'm ready for someone familiar with the law to give us a final verdict...