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.`
Add additional information
Insurance Law Lawyer
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. § 124.001 (West 2005).
I offer free consultations and am quite familiar with family judges in Harris County and nearby counties.
Mr. Dick is licensed to practice law in Texas and office located in Harris County. His phone number is 832-207-2007 or 713-510-4500 or his email address is listed below.
Mr. Dick is ethically required to state that the response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Dick strongly advises the questioner to confer with an attorney in his or her state in order to ensure proper advice is received.
By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.
Construction / Development Lawyer
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.