NC Statutes/Receipt Check - Revision history

R00t at 03:35, 26 May 2017

2017-05-26T03:35:18Z

R00t at 06:23, 25 May 2017

2017-05-25T06:23:18Z

R00t at 06:22, 25 May 2017

2017-05-25T06:22:22Z

R00t at 06:21, 25 May 2017

2017-05-25T06:21:56Z

R00t at 06:21, 25 May 2017

2017-05-25T06:21:44Z

R00t: /* Punitive Damages */

2017-05-25T06:14:08Z

‎Punitive Damages

R00t at 06:13, 25 May 2017

2017-05-25T06:13:40Z

R00t at 06:01, 25 May 2017

2017-05-25T06:01:51Z

R00t at 05:53, 25 May 2017

2017-05-25T05:53:36Z

R00t at 05:51, 25 May 2017

2017-05-25T05:51:44Z

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-In North Carolina, and other states, it has become common place for retail stores to request, or demand, a receipt check before allowing the customer to leave the premise.  After performing my research, I've found that this is illegal unless the store has '''probable cause to believe that the person committed the offense'''.<br><br>
+In North Carolina, and other states, it has become common place for retail stores to request, or demand, a receipt check before allowing the customer to leave the premise.  After performing my research, I've found that this is illegal unless the store has '''probable cause to believe that the person committed the offense''' before they ask for the receipt.<br><br>
 The exceptions to this are:
 #when you sign a membership agreement, like with Costco or Sams club, which both have verbiage in their membership agreement informing you that they may stop you and check your receipt upon leaving the premise.  As this is an agreement that the customer agreed to, it is legal.

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 The exceptions to this are:
 #when you sign a membership agreement, like with Costco or Sams club, which both have verbiage in their membership agreement informing you that they may stop you and check your receipt upon leaving the premise.  As this is an agreement that the customer agreed to, it is legal.
-#In the absence of such an agreement, if the establishment has visible signage before entering the premise stating that by entering you agree to such searches or inspection, then they are allowed to stop and check your receipt upon leaving the premise.
+#In the absence of such an agreement, if the establishment has visible signage before entering the premise stating that by entering you agree to such searches or inspection, then they are allowed to stop and check your receipt upon leaving the premise. This constitutes an agreement you are entering in with the establishment by entering their premise.
 <br>
 ==Statute==

@@ Line 1: / Line 1: @@
 In North Carolina, and other states, it has become common place for retail stores to request, or demand, a receipt check before allowing the customer to leave the premise.  After performing my research, I've found that this is illegal unless the store has '''probable cause to believe that the person committed the offense'''.<br><br>
-The exception to this is when you sign a membership agreement, like with Costco or Sams club, which both have verbiage in their membership agreement informing you that they may stop you and check your receipt upon leaving the premise.  As this is an agreement that the customer agreed to, it is legal.<br>
+The exceptions to this are:
-Another exception is that In the absence of such an agreement, if the establishment has visible signage before entering the premise stating that by entering you agree to such searches or inspection, then they are allowed to stop and check your receipt upon leaving the premise.
+#when you sign a membership agreement, like with Costco or Sams club, which both have verbiage in their membership agreement informing you that they may stop you and check your receipt upon leaving the premise.  As this is an agreement that the customer agreed to, it is legal.
 <br>
 ==Statute==

@@ Line 1: / Line 1: @@
-In North Carolina, and other states, it has become common place for retail stores to request, or demand, a receipt check before allowing the customer to leave the premise.  After performing my research, I've found that this is illegal unless the store has '''probable cause to believe that the person committed the offense'''.<br>
+In North Carolina, and other states, it has become common place for retail stores to request, or demand, a receipt check before allowing the customer to leave the premise.  After performing my research, I've found that this is illegal unless the store has '''probable cause to believe that the person committed the offense'''.<br><br>
 The exception to this is when you sign a membership agreement, like with Costco or Sams club, which both have verbiage in their membership agreement informing you that they may stop you and check your receipt upon leaving the premise.  As this is an agreement that the customer agreed to, it is legal.<br>
 Another exception is that In the absence of such an agreement, if the establishment has visible signage before entering the premise stating that by entering you agree to such searches or inspection, then they are allowed to stop and check your receipt upon leaving the premise.

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 In North Carolina, and other states, it has become common place for retail stores to request, or demand, a receipt check before allowing the customer to leave the premise.  After performing my research, I've found that this is illegal unless the store has '''probable cause to believe that the person committed the offense'''.<br>
 <br>
 ==Statute==

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 <br>
 <br>
-To store personnel, this means that unless you are 100% sure the person you are stopping or requesting a receipt check from has concealed merchandise, and you know this '''BEFORE''' you stop them, you can personally held liable for the punitive damage awards listed above.
+To store personnel, this means that unless you are 100% sure the person you are stopping or requesting a receipt check from has concealed merchandise, and you know this '''BEFORE''' you stop them, you can personally be held liable for the punitive damage awards listed above.

@@ Line 1: / Line 1: @@
 In North Carolina, and other states, it has become common place for retail stores to request, or demand, a receipt check before allowing the customer to leave the premise.  After performing my research, I've found that this is illegal unless the store has '''probable cause to believe that the person committed the offense'''.<br>
 <br>
 <div class="mw-collapsible mw-collapsed">
 [http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-72.1.html Statute pertaining to Concealment of merchandise in mercantile establishments (closest NC has to "shopkeeper privilege").]
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 :: The time of detention begins when store personnel asks you for your receipt.
 :This is especially important for store personnel because they are '''directly''' liable for their actions and can be civilly liable separate from their place of employment.  Thus any legal fees, including defense lawyers which the store may not reimburse for, are the responsibility of the store personnel.  It also means that if the defendant who was detained is found not guilty, that the store personnel could be individually charged with criminal offenses and arrested or fined, separate from their place of employment.

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 </div>
 The most important parts from this statute that pertain to the merchant's rights, and subsequently the customers, that I see are these:
-*''if in detaining or in causing the arrest of such person, the merchant, or the merchant's agent or employee, or the peace officer had at the time of the detention or arrest '''probable cause to believe that the person committed the offense''' created by this section.''
+*''if in detaining or in causing the arrest of such person, the merchant, or the merchant's agent or employee, or the peace officer had at the time of the detention or arrest '''probable cause to believe that the person committed the offense''' created by this section.''<br>
 :This means that the merchant must have had probable cause to stop you.  This is very similar to the probable cause required for a LEO to perform a traffic stop, however the difference here is that the fourth amendment only applies to government agents, not store personnel.<br>
 :::“[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”
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 ::Essentially this means that the store personnel must have evidence outside of your refusal to provide proof of purchase, or receipt.  Denying them the ability to see your receipt has occurred '''AFTER''' they requested it, so they must have probably cause prior to requesting the receipt.
 <br>
-*''A merchant, or the merchant's agent or employee, or a peace officer who detains or causes the arrest of any person '''shall not be held civilly liable for detention, malicious prosecution, false imprisonment, or false arrest of the person detained or arrested''', where such detention is upon the premises of the store or in a reasonable proximity thereto, is in a reasonable manner for a reasonable length of time, and, '''if in detaining or in causing the arrest of such person, the merchant, or the merchant's agent or employee, or the peace officer had at the time of the detention or arrest probable cause to believe that the person committed the offense''' created by this section.''
+*''A merchant, or the merchant's agent or employee, or a peace officer who detains or causes the arrest of any person '''shall not be held civilly liable for detention, malicious prosecution, false imprisonment, or false arrest of the person detained or arrested''', where such detention is upon the premises of the store or in a reasonable proximity thereto, is in a reasonable manner for a reasonable length of time, and, '''if in detaining or in causing the arrest of such person, the merchant, or the merchant's agent or employee, or the peace officer had at the time of the detention or arrest probable cause to believe that the person committed the offense''' created by this section.''<br>

← Older revision		Revision as of 05:53, 25 May 2017
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	::Probable cause generally exists when facts and circumstances that are '''known''' provide the basis for a reasonable person to believe that a crime was committed.<br>		::Probable cause generally exists when facts and circumstances that are '''known''' provide the basis for a reasonable person to believe that a crime was committed.<br>
	::Essentially this means that the store personnel must have evidence outside of your refusal to provide proof of purchase, or receipt. Denying them the ability to see your receipt has occurred '''AFTER''' they requested it, so they must have probably cause prior to requesting the receipt.		::Essentially this means that the store personnel must have evidence outside of your refusal to provide proof of purchase, or receipt. Denying them the ability to see your receipt has occurred '''AFTER''' they requested it, so they must have probably cause prior to requesting the receipt.
		+	<br>
		+	*''A merchant, or the merchant's agent or employee, or a peace officer who detains or causes the arrest of any person '''shall not be held civilly liable for detention, malicious prosecution, false imprisonment, or false arrest of the person detained or arrested''', where such detention is upon the premises of the store or in a reasonable proximity thereto, is in a reasonable manner for a reasonable length of time, and, '''if in detaining or in causing the arrest of such person, the merchant, or the merchant's agent or employee, or the peace officer had at the time of the detention or arrest probable cause to believe that the person committed the offense''' created by this section.''