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Can Costco search a person's bag?

Jeezus, H! I can't believe it hasn't been covered yet in this friggin thread!

California Penal Code 490.5 (f) see it here

It's generally called the "Merchant's Privilege" or "Shopkeeper's Privilege" and is based in English law dating back to the middle ages. Seriously.

You can be detained using reasonable force for a reasonable amount of time if the shopkeeper has reasonable suspicion you have or are about to commit a crime while on or near his premises. The issue becomes the definition of "reasonable" and "suspicion" which are both subject to liberal interpretation.

So the short answer is "yes, you can be stopped."
 
I'm going to contribute to this thread one more time.

In the past month I've stopped at the Livermore Costco a few times as part of my rest stop/gas fill-up in a 125+ mile East Bay ride. I carry a big Cortech seat bag that's filled with bike tools and emergency things, plus a big Nalgene H2O bottle and an extra bulky thermal top. Each time I carried the bag with me to the store, the store entrance person intoned: We'll have to search your bag when you leave the store. Didn't matter if I was just going in to grab a pizza slice and hit the restroom or shop. So the last time, I left the bag with the door person behind his wheelchair. Good thing too because as I left the restroom, I saw empty boxes of something I've wanted since last December. So I stepped over to the manager's cash register, asked the person at the register where the item was located, and then strode to the aisle and grabbed :banana eight 35 oz. bags of Dove's wonderful small premium chocolate squares. A little re-arranging of the items in the seat bag, which had been left unmolested behind the wheelchair, some careful stuffing of the chocolate bags into the bag, and I was good to go. :)

I don't mind complying with Costco's policy regarding bags. I understand Costco is trying to prevent loss. And I don't find the need to take the search as a personal affront, since I verbally consented to the policy before I entered the store. The Costco people aren't like the jerky TSA folk. They asked me to unzip my bag and open it. Then they did a cursory inspection that took maybe two seconds. Then they said, Thank you. BFD.
 
Citizens have power of arrest and detention. If you resist a citizen's arrest or detention then the fight is on. Further, if placed under arrest by a citizen, the arriving officer MUST transport the arrested person to the judge, jail, or cite and release if applicable. Failure to do so allows the OFFICER TO BE ARRESTED FOR A CRIME.

US citizens have enormous political and legal rights, thanks to our founders, and these rights are being chipped away every day by the Bolshevik/Nazi politicals, who mostly haven't a clue about much.
 
I think this is horseshit, preserved for the LEO's to comment.

Citizens have power of arrest and detention. If you resist a citizen's arrest or detention then the fight is on. Further, if placed under arrest by a citizen, the arriving officer MUST transport the arrested person to the judge, jail, or cite and release if applicable. Failure to do so allows the OFFICER TO BE ARRESTED FOR A CRIME.

US citizens have enormous political and legal rights, thanks to our founders, and these rights are being chipped away every day by the Bolshevik/Nazi politicals, who mostly haven't a clue about much.
 
The poster in the "other forum" should blame the shoplifters, not the store(s). I am certain they enjoy employing security and detaining customers as much as the customers do.
 
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i like it when she search my bag and finds only 2 shrivel up raisins
but hey it makes my day
 
Let's say they do, what happens if you resist this blocking of your egress or resist when they lay hands on you? Just how violently can one resist?


In order for it to be shoplifting, you have to leave the building w/ merchandise. If they attempted to block your egress or lay hands on you when no crime has occured- they company and employee would be liable for their actions.

Once you exit and they have reason to belive you commited a crime, they may make a private persons arrest (then they could legally lay hands on you.)
 
In order for it to be shoplifting, you have to leave the building w/ merchandise. If they attempted to block your egress or lay hands on you when no crime has occured- they company and employee would be liable for their actions.

Once you exit and they have reason to belive you commited a crime, they may make a private persons arrest (then they could legally lay hands on you.)

Not exactly. The code specifically states (emphasis is mine):

(f) (1) A merchant may detain a person for a reasonable time for
the purpose of conducting an investigation in a reasonable manner
whenever the merchant has probable cause to believe the person to be
detained is attempting to unlawfully take or has unlawfully taken
merchandise from the merchant's premises.

Now, it makes sense for the merchant to wait til you walk out with the merchandise to eliminate the aspect of mind-reading, but there are other circumstances where it's not necessary. Switching price tags, stuffing it under clothing, etc are going to be enough to convince a judge of intentions.
 
My brother works security for JC Penny's and if he doesn't have substantial evidence of them stealing something he's not allowed to make contact and ask to search them...

Their policy is that they'd rather stuff get stolen then lose a customer who wrongly gets accused.
 
To be clear- the Costco, WallyMart and other "check the receipt" door folks- aint suspecting you of anything- so that section isn't applicable.
 
I have a problem with people who cause a big scene in the name of protecting their rights. WTF, open the bag, show them there is nothing in it and move on. It would have taken 15 seconds out of your day, and saved a bunch of people from having to deal your punk ass. The guy is not trying to prove you're a drug dealing child porn collecting kitten killer. Chances are, if you open your bag and show that you have a pound of weed in there, but no Costco Merchandise, he'd say ok thanks, have a nice day.
I understand that if we all let our rights get taken for granted, we will lose them; but I am not going to call the ACLU because the LP/Checkout guy is doing his job. As it was said earlier, just eat lunch somewhere else if you don't like it. Get a clue! Rant over!
 
1) Costco is a private shopping club and they can revoke your right to shop there at any time. Read your membership agreement.

2) Actually, the constitutional argument doesn't apply here. Unreasonable search and seizure is written to reign in the government, not private citizens. If a store employee so much as touches a customer that person can file an assault complaint and ask that charges be brought. If one is "detained" there are also charges that can be files since security or the vest-wearing employees are not LEOs and don't have the right to arrest someone.

3) At least that is my understanding, if I'm wrong on any of this please correct me.
1) You are correct.
2) You are partially correct here. Your forst 1/2 is right, but store security does have the right to make a citizen's arrest (if specific legal criteria are met) and use reasonable force, if necessary to effect their arrest. [REVIEW THIS INFO] California Penal Code Section 834 states: "An arrest is taking a person into custody, in a case and in
the manner authorized by law. An arrest may be made by a peace
officer or by a private person."

Section 837 states:
A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not in his presence.
3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.

Section 839 states:
Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein.
Section 841 states:
The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except when the person making the arrest has reasonable cause to believe that the person to be arrested is actually engaged in the commission of or an attempt to commit an offense, or the person to be arrested is pursued immediately after its commission, or after an escape.
The person making the arrest must, on request of the person he is arresting, inform the latter of the offense for which he is being arrested.
3) You know we will! :thumbup


And how violently would you refuse?
How about if they circle around you?
How about if one grabs (or "places his hands") on your arm?

I agree w/you BTW. Since I paid for it, it's now MY STUFF. My line is, "you think I'm stealing, call a cop and arrest me- and we'll find out for sure". The only goofy deal is, it is their shopping cart its all in, so they could grab the cart...
My response would be, "Are you placing me under a legal citizen's arrest?" If the answer is "no," I walk. If the answer is "yes," the sext question would be, "for what charge? (see section 841, above)" Then, I would demand they have an officer respond without delay and that they turn me over to the officer immmediately.. see the (a) section below.

Section 847 states:
(a) A private person who has arrested another for the commission of a public offense must, without unnecessary delay, take the person arrested before a magistrate, or deliver him or her to a peace officer.
(b) There shall be no civil liability on the part of, and no cause of action shall arise against, any peace officer or federal criminal investigator or law enforcement officer described in subdivision (a) or (d) of Section 830.8, acting within the scope of his or her authority, for false arrest or false imprisonment arising out of any arrest under any of the following circumstances:
(1) The arrest was lawful, or the peace officer, at the time of the arrest, had reasonable cause to believe the arrest was lawful.
(2) The arrest was made pursuant to a charge made, upon reasonable cause, of the commission of a felony by the person to be arrested.
(3) The arrest was made pursuant to the requirements of Section 142, 837, 838, or 839.

If they claim they are placing me under citizen's arrest and disclose the code or crime they are arresting me for, and agree to turn me over to the police without unnecessary delay, then there would be no need to put their hands upon me. I would make it clear to them that I was submitting to their citizen's arrest and I would not accompany them to their office, I would demand they have the police respond to our location.

Hands-on force, any forced/coerced movements and taking me to an office or detention area would add battery, kidnapping and false imprisonment to the false arrest suit. :teeth
 
^ Why didn't you just close the thread while you're at it MM4L? :twofinger

Great explanation as always.
 
Yeah, but that's if YOU were to be citizen arrested. The OP in the OF (and a number of people here) stated that its all BS, they can't look at my bag, they can't touch me, I have rights, blah blah blah. I would bet that if they were to be Citizen Arrested in the proper fashion, they wouldn't have the same response that you have. They would probably run from or fight with whoever is attempting to place them under citizen's arrest. At that point the arresting citizen "may orally summon as many persons as he deems necessary to aid him therein..." in kicking the crap out of said bad guy who refused to let us look in his purse!
 
MM4L, what may happen to the police officer who REFUSES to take a citizen's arrest into custody?
 
MM4L, also, if placed under citizen's arrest, I could legally be searched for weapons and even cuffed or tied up to prevent escape. Citizen's have the same arrest powers, under law, as police officers with a couple of drunk driving exceptions. (A PD can arrest a drunk, sitting in his car, who is NOT driving, or something like this, if I recall. But a citizen can not arrest a drunk on a DUI, a 647f, yes, though.)
 
MM4L, what may happen to the police officer who REFUSES to take a citizen's arrest into custody?
Nothing, they used to be obligated to take custody but they are no longer obligated- especially if they believe the person may have been wrongfully arrested. It's just strongly suggested that they take custody.
 
Nothing, they used to be obligated to take custody but they are no longer obligated- especially if they believe the person may have been wrongfully arrested. It's just strongly suggested that they take custody.

I'll be darn, I just noted that the commie politicals added section c to PC 242, so you're right. When these little Bolsheviks/Nazis push that through?
 
My bet is they can cite and release (police version of fishing's "catch and release").
 
And how violently would you refuse?
How about if they circle around you?
How about if one grabs (or "places his hands") on your arm?

I agree w/you BTW. Since I paid for it, it's now MY STUFF. My line is, "you think I'm stealing, call a cop and arrest me- and we'll find out for sure". The only goofy deal is, it is their shopping cart its all in, so they could grab the cart...
No violence needed unless they start first.
Circle around me? I'll stay put and sue them later.
Puts their hands on me? It's on, I'm defending myself with force.

This is no different than someone blocking in your car because you parked in the handi spot. Someone wants to act like a cop and block you in as your baby cries. <- this very case was on Judge Judy and the "blocked in" person got paid.

I wasn't very clear. The store has nothing to do with my question (which was rhetorical in nature):

Just saying that I've had multiple occassions (I know of) where the clerk forgot to ring something up. If you're determined to assert your rights, you might want to be dilligent in checking your receipt before you leave. :2cents

Doesn't matter mlm. Clerk error is not your problem and they won't have the requirements needed to make the stop be a legal one.
 
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