Perhaps, because that stuff you mentioned is way the fuck out in left field.

I'm kind of thinking I'm not going to submit to receipt/bag checks and just tell them "nope" just like this guy did. I'm not really interested in proving my innocence to the security person, and I'm almost always in a hurry.

That said, if it went as far as the police being called, it probably wouldn't go as far as not showing my license to the police officer. It's not that they have the right for it, it's just that my beef would not be with the officer, but the store.

BTW: as far as calling 911 for non-emergencies. I stopped at the police station after my car was robbed to report the crime. They had me walk down the hall and call 911. They told me that if I needed to contact the police for any reason (even reporting a non-emergency crime) I should call 911. This likely varies from region to region. The police in my area aren't particularly overwhelmed with serious, violent crime.

In that case, just hold up your receipt as you walk past. Other than Costco, I've never had to even slow down when I'm simply holding up my receipt.

Makes me wonder if they just drove off.

What would the CC guy have done, clung to the car and went for a drag?

Talking of which....
 

http://uk.news.yahoo.com/skynews/200...y-45dbed5.html

I read a lot of the posts on the link in the first post, I got to say a lot of people don't understand how the law works.

First, theft is when you take something without paying...not taking it and walking out of the store. Possession is 9/10 of the law.

Second, unless it is different in Ohio, your driver's license is property of the state, not yours. If a cop asks you for it, you are required to produce it. Again I stress it may be different in Ohio.

Third, if I recall my corporate law correctly, even though you paid for an item, the company can still check to make sure you have said item only with you. That does not give them the right to tell you to empty out your pockets or anything like that. If they ask for a receipt, you are required to show it. I doubt that differs from state to state, but if it is at a federal level, there is really no argument there.

Lastly, there is a huge difference between being arrested and being detained. Being detained means that they had to place handcuffs on you for your safety or theirs. You generally see this when a fight breaks out.

Being arrested means that you have had your rights read to you and had the charges explained to you as well.

Do I feel this guy was out of line? Yes, I do. Do I think the cop was out of line? Yes, I do. Does this guy have a case...no, but I am sure the court will hear his case. People want to hide behind the Constitution and the Bill of Rights, only problem is, most people don't understand what they mean and seem to think that their way of understanding it means they can get away with things. Think again. There are plenty of corrupt cops out there, but there are just as many corrupt citizens trying to hide behind things so they don't have to do certain things...like show a receipt.

Wrong. If you are driving, yes, you have to produce it, not because it is state property but because you are using the license to drive.

If you are interested in this type of law, the Supreme Court case recently decided a case:

http://www.law.cornell.edu/supct/html/03-5554.ZO.html

Interesting...although it seems to apply to Nevada, not a federal level. However, if this is a federal level judgment, then indeed my second statement is incorrect.

This is a United States Supreme Court interpreting Nevada's stop and statute rules in regards to the Constitution. This is the highest court in the nation.

Nevada, like other states, had enacted a stop and identify statute. It was ruled constitutional.

This quote is from the case and is a overview of the statutes in effect.

This does not mean that a drivers license has to be produced because it is state property. It means that a seperate law has to be enacted in order to make it a crime to not identify yourself to a police officer.

OK wasn't sure if that was the Nevada Supreme Court that rendered that decision...now it is clear.

And I do agree, it doesn't mean that it has to be produced because it is state property...in Nevada. I believe my state (New Jersey) has something specific...or at least I recall it being that way, and I could be wrong.

Either way it doesn't change the fact that this whole situation could have been avoided...or that most of the people "supporting" him don't understand the laws. Give and take I suppose.

Flinging mud at the individual concerned and/or those that post an opposing point of view to your own will never, in and of itself, make you right. And yet that has happened again and again in this thread.

I am not saying on this forum...I am saying that the people who posted on this guy's site clearly don't understand the law. But also, I am not flinging mud, just pointing out that the situation could be avoided and people posting on his site are saying things incorrectly. Even I did and I retracted my comment(s). Just be careful with accusations of me doing something I didn't do.

I think benedict's point was that you are specifically attacking the people that "support" him(as that is your opposing point of view), saying that they specifically dont "understand the laws". Is every comment against him from someone that fully "understands the law"?

You're attacking the people instead of the points they are making.

If that is what people are getting, that wasn't the intention. I have to go back and to the site and find a specific example, but there was one person who said something to the degree of "a sidewalk is not private property" followed by "the cops are not allowed to do that". There was quite a few of those...I am just saying those people don't get it. There is a difference between a point and blatant stupidity.

Me personally, I think both were out of line, and the whole situation could have been avoided. And I made a mistake on something I was unaware of...and admitted to it.

Also, in my previous post I clearly stated "I am not flinging mud, just pointing out that the situation could be avoided and people posting on his site are saying things incorrectly". I am not attacking people...if I am, then I need a class on writing things on the net.

Theft is when you take something without paying AND leave the store. It's not theft until you try to leave the store.

Unless you're driving, wrong.

Wrong. A store has absolutely zero right to search a customer under ANY circumstance - even if they are 100% certain that you stole something. Under no circumstance is a customer ever required to consent to a bag check or a receipt check.

...and this guy was both detained and arrested. He was detained by the Circuit City employees and falsely arrested by the police.

I'd like to see some supporting evidence for the claim that even if you are driving, you MUST provide your driver's license. I have been told that you only need to identify yourself. That you are not required to carry your driver's license with you when driving, only that you must be licensed. In other words, leaving your license at home while driving about is not a crime.

When I first heard that, I spent about half an hour googling around trying to find confirmation one way or another. Couldn't come up with anything.

Hit number 1 on first Google search - you just gotta know how to search.

Hint, my search was "forgot drivers license"

http://www.carinsurance.com/kb/content20397.aspx

"State laws differ but in general if you are operating a vehicle and have a driver's license but forgot it at home, or otherwise did not have it physically on you, you can be ticketed if pulled over and requested by an officer to produce it.Or if you are lucky and have your license number memorized the law enforcement officer may be able to look up your license and verify you have a valid driver's license this way and not ticket you.

If you are cited, it can vary by state or jurisdiction if you are cited for driving without a license or for not having a valid license in your possession.

The good news is that most areas will give you the opportunity to show up before your court date and produce a driver's license that was valid before the date and time of the original infraction so that the ticket can be dismissed. Some jurisdictions may require fines or administration fees still be paid though.

Keep in mind that this varies from jurisdiction to jurisdiction and state to state. If you were cited for not having your driver's license in your possession when you were stopped for a traffic violation, contact the court listed on the ticket and also perhaps your state's Department of Motor Vehicles to see if you can show your valid license and get the citation dismissed. "

That's about it.

And, of course, although using macnorton's post as a stepping off point, I made it clear beyond doubt that I was talking about posts on this forum and in this thread. I would respectfully suggest that macnorton's reference to "most of the people supporting him" did not immediately lead one to the conclusion that he was referencing the original blog entries as opposed to the many pages of posts in this thread.

At this stage there is little/no point in my discussing which school of opinion - as exemplified by posts in this thread - has more often been "right" about the applicable statute(s) &/or other elements of the sorry situation as it was being reported.

This is EXACTLY why I don't shop at Circuit City - it's not worth the hassle and now apparently you are a crook when you purchase something in their eyes. That is their right as it is their business. I tend to disagree with this model as it pisses off their HONEST customers due to a few 2-bit petty moronic theives that can;t tell the ass from a whole in the ground but I digress.

I just don;t shop there any more and I see that I am not alone.

If you disagree with the way you are treated while exiting the store there is a simple solution: after showing the receipt, calmly go back to the customer service desk and return everything. Tell them the reason why. Smile as you leave. Shop somewhere your patronage is appreciated.

But can you tell a whole in the ground from a hole in the ground?

Yeah, because someone checking receipts at the door means they don't appreciate your business :rolleyes:

= J

rotfl rotfl
It is clear that some people can;t.