Is it legal to stop you at the door of a store and force you to show a reciept if you have not signed an agreement in Texas.

Asked over 3 years ago - Mesquite, TX

Is it legal in Texas for a store to make you show them a reciept to leave if you do not sign an agreement with that store?
Viewed 0 times. Posted less than a minute ago in Lawsuits & Disputes - Mesquite, TX

I was in Wal Mart in Mesquite,Tx, I had just bought groceries and had a 24 pack of cokes that were not bagged. Wal Mart's door greeter asked me for a receipt and I said no thank you, he then grabs my basket and pulls it back in the store, I have always believed that when I paid for my items and went past the cash register with my receipt and my goods that it was at that point my property and that the Wal Mart receipt check was voluntary due to the fourth amendment. I called the Police and they show up and review the tape. They ask if I knew Wal Marts policy and I said that was not the issue and that the fourth amendment and personal liberties were the issue to me. I was then told by the police that the fourth amendment did not apply in this situation, I was given a warning citation to not trespass at that Wal Mart location, the police officer asked me to sign it, I asked if I was required by law to do so and he put refused down. I want to know what the truth is here, Were my rights violated or am I wrongly informed.`

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Attorney answers (2)

  1. Eric B. Dick

    Pro

    Contributor Level 14

    Answered . Walmart is not a government entity so no 4th Amendment. There is the issue of false imprisonment but there is a shop keepers privilege.

    The "shopkeeper's privilege" expressly grants an employee the authority of law to detain a customer to investigate the ownership of property in a reasonable manner and for a reasonable period of time if the employee has a reasonable belief that the customer has stolen or is attempting to steal store merchandise. Tex. Civ. Prac. & Rem. Code Ann. ยง 124.001 (West 2005).

    I offer free consultations and am quite familiar with family judges in Harris County and nearby counties.

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  2. Brian W. Erikson

    Pro

    Contributor Level 18

    Answered . Yes it is legal. In fact, if you do not show a receipt, the greeter has no way of knowing that you were not stealing the sodas. Place yourself in the greeter's shoes, and you can see that the greeter was just trying to do his or her job.

    The last thing that you want to do is call the police on yourself on a point of principle. Life is too short to waste time like that. But, you do not want to sign an agreement or citation to ban yourself from Walmart unless you were actually stealing the sodas. You should have simply shown the receipt for the soda purchase, and ended the matter. Chalk it all up to a lesson learned.

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