Sam's Club Finally Getting to me

Sam's Club is finally getting to me.

I'm getting annoyed at having to wait in line TWICE to get out of Sam's Club: once to PAY for my purchases, and a second time to exonerate myself as an alleged thief, as they check me at the exit door.

Waiting in line to purchase merchandise is understandable. At times they can have over 20 or so "checkout" stations working in parallel to help speed purchasing process. If ALL the lines are long, so be it. I can be patient and wait my turn.

However, once the purchase is completed, one has to stand in one or two (on a good day) lines into which ALL the patrons of the 20 checkout lines are merged while Sam's employees search your cart. Essentially they are assuming EVERY customer may be a thief and every employee operating the cash registers may be an accomplice.

I'm curious as to the legal authority they have to detain me and search through my property (yes, now that I paid for the items they are MY property, not Sam's Club's).

Typically, to detain a person for shoplifting, probable cause is needed. They need to have evidence that theft has occurred : EX: Videos or eyewitness accounts showing that a suspect has concealed an item etc.

Typically search cannot take place without a warrant or an arrest, both also requiring probably cause of some sort, or permission of the search-ee.
Yet Sam's continues to search without any of these.

Yes, I understand that Sam's may be trying to control theft.
Yes, I understand that since I'm not stealing, I have nothing to fear.
Yes, I understand that I can shop somewhere else if I don't like their practice and policies.

Yes, I understand that as Christmas approaches, and lines get longer, the wait to get out of Sam's will only get worse.
Yes, I understand that Sam's has probably had a team of legal experts review the practice of "exit searches".
Yes, I understand that MOST people consent to the search and don't have an issue with it.
Yes, I understand that laws in this area vary from state to state and the 4th Amendment "Illegal Search and Seizure" applies.

Yes...it still annoys me to have to wait to exit and be searched at Sam's after I buy something.

Sam's and Costco been doing it for years, I don't like it any more than the next guy, but when you become a member, you agree to ALL of their terms.

If you're speaking specifically of the Sam's Club that's up around 84th and I-25, I agree with you. That's an appalling store to try and get out of.

The one we have in Lone Tree is not too bad, unless you're near a big holiday like Christmas. One of the quickest Sam's Clubs I've experienced is in the Southlands in Aurora.

The "club stores" (Costco, Sam's, BJs) all have this insulting policy locked into the contract you sign. We agree to the reciept-checking, payment-proving business when we sign up for the membership. It certainly is an insult to one's integrity! It's not like people can continue to shop after check-out; it's set up to funnel people out after extracting their money.

I like to believe the elderly folks that check the receipts at the door also feel a bit pained at the idea; they always make gentle jokes and seem to make an effort to wish everyone a good day/night/holiday.

It's frustrating, and I agree with your complaint/rant. Well said.

Just walk past the checker. I do it every visit and argue with them at the car as I am loading it up. I refuse to hand over the receipt. Its fun watching them scrabble before I drive away.

Walmart started doing this last your at the lower income area stores in Colorado Springs. I refused to let them check and told them to call the cops if they wanted a search. Also pointed out it does happen at the high end areas. I have not seen them doing it in some time.

Put up with it, walk around them, or stop shopping there.

There, problem solved.

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Originally Posted by brutal

Put up with it, walk around them, or stop shopping there.

There, problem solved.

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Yup, an agreement is an agreement.

I go to Costco during low volume times, like today during the Bronco game or after 730PM on weekdays.

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I'm curious as to the legal authority they have to detain me and search through my property

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You signed a contract when you became a member of the club. You have already given them permission to do so.

I walk last them. When they give me crap, I say that i purchased this therefor they are now my possessions and to detain me is against the law.

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Originally Posted by Ridge

You signed a contract when you became a member of the club. You have already given them permission to do so.

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Federal law supersedes costco agreement. Sorry.

They are checking to make sure the employees did their job, ie: did you buy 2 of this or so?They have found several times that I had been charged for an item(s) that I did not recieve.Your perception of the situation is flawed

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Originally Posted by Madeinhb

Federal law supersedes costco agreement. Sorry.

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You willingly entered their store. You are subject to their rules on their property.

The first thing I do is complain on the internet about an agreement I signed. [Sarcasm2]

Here's a piece on a guy who takes it to another level. Kinda a dick move IMHO. You agreed to terms when you purchase membership, if you don't like them then don't sign up.

http://www.ocregister.com/news/costc...eipt-card.html

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Seeing this calendar item from the Irvine Chamber reminded me that I wanted to write about Costco.I have a Costco membership and go a few times per year. However, I am not an avid discount warehouse shopper like a lot of other people I know.
Specifically, I do not appreciate being asked to show my card on entry and then my receipt upon exiting. In fact, I ignore these requests every time. Anyone who has been with me on a Costco run is either entirely amused or very embarrassed by my behavior.
It all starts as I take several sanitary wipes from the dispenser at the entry door so I can sanitize the handle of the cart. (Studies show that shopping cart handles are home to everything from the common cold virus to microscopic particles of fecal matter.)
Then I push my cart, with purpose, through the entry threshold. This is usually when a card checker says, "Sir, I need to see your card." I ignore him or her and press forward.
With two or three more attempts at getting my attention, and with escalating decibels of "Sir!" being shouted, another member will usually tap me on the shoulder to let me know the card checker needs to speak with me.
I thank them politely but continue on my way. The member, who thinks they were being helpful, oftentimes acts befuddled and gives the impression of feeling slighted that I didn't hurry back like a good little sheep would do.
Once I am in the store, no one bothers me. I make my way through the aisles, filling my cart as all the other shoppers do until I am uneasy about having enough money to cover the cost of what I am buying.
After checking out, I deliberately leave the receipt at the register. Sometimes the assistant to the checker will hurriedly bring it to me. I refuse it. This is an important step in the process of keeping the honor of free people everywhere.
After paying, I head for the exit and once through the bottleneck created by the receipt checkers, I just push my cart forward and proceed to my car.
This is when things get fun. Costco's policy of checking your receipt before you leave is, to me, unacceptable. And therefore I will not adhere to it.
There is a good chance I will lose my membership over this column, but I am OK with that because I feel like it will give aid and comfort to other receipt checker dodgers and perhaps start a movement that will overwhelm the system and break Costco's idiotic policy.
They claim it is as much for your protection as it is for theirs. This is ridiculous. Other than perhaps a candy bar when I was 10, I have never stolen anything. So don't treat me like a criminal.
Getting out of Costco without showing your receipt is much more dramatic than entering without showing your card. Upon exiting, the staff will follow you or send security after you.
I know my rights though. Once I paid for it, I get to leave. You can't hold me hostage.
If you want to join me on this little effort, know full well that you are within the law and any attempt to physically stop you is not only wrong but likely either false imprisonment or assault or some other crime that Costco doesn't want its employees charged with.

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I walk past them every time. Unless I am with the wife.. She's kinda a rule follower.

They usually say something as I go by but that's it.

In the future, just blade at 45 and have an adrenaline dump

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Originally Posted by Ridge

You willingly entered their store. You are subject to their rules on their property.

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Once their property is paid for, I becomes mine. They can not detain me if I want to leave. Their agreement means nothing at that point. Nothing police can do.

You are still on their property. Going to the gift shop at the Air Force Academy doesn't make you immune from spot inspections at the gates.

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Originally Posted by Madeinhb

Once their property is paid for, I becomes mine. They can not detain me if I want to leave. Their agreement means nothing at that point. Nothing police can do.

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You are correct in the fact that their is no criminally legal action for the store, if you do not adhere to the company's policy.

It amazes me that some of you folks are staunch supporters of rights, but you refuse to recognize a businesses right to function the way they wish.

I absolutely despise businesses that post no carry signs, but guess what? IT'S THEIR RIGHT TO DO SO!

Nobody is forcing you to shop anywhere, there are plenty of other places that don't go through your shopping cart and verify the contents.

To be clear again, I don't like the practice any more than the rest of you, but it's their right, and you agreed to it.

Haha. Wow.... This thread makes me laugh........

Sent from my teepee using smoke signals.

Carry guns is one thing. But if the merchandise is mine and the line is long, I'm not waiting. Businesses can operate how they want but they can't force you do something when you're not doing anything. If business can operate how they want- why not pass less than minimum wage? Oh because that is against the law. Just like detaining without cause.

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Originally Posted by Ridge

You are still on their property. Going to the gift shop at the Air Force Academy doesn't make you immune from spot inspections at the gates.

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Not apples for apples

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Originally Posted by Madeinhb

Carry guns is one thing. But if the merchandise is mine and the line is long, I'm not waiting. Businesses can operate how they want but they can't force you do something when you're not doing anything. If business can operate how they want- why not pass less than minimum wage? Oh because that is against the law. Just like detaining without cause.

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First of all, nobody is being detained, so let's get that out of the way. Don't turn it in to something it's not....

And I never said it's not their right to force people to show receipts at exit, however, if I'm not stealing or doing anything it's also my right to leave their building without being detained.

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Originally Posted by hurley842002

First of all, nobody is being detained, so let's get that out of the way. Don't turn it in to something it's not....

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If I am trying to get from cash register to my vehicle to go home and I am stopped and prevented by doing that- what's that called? Even if I'm slowed down.

I can't wait for next weeks thread about how Sam's Club revoked someone's membership for busting out the door without showing there receipt, and how unfair and possibly illegal it was.

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Originally Posted by Madeinhb

If I am trying to get from cash register to my vehicle to go home and I am stopped and prevented by doing that- what's that called? Even if I'm slowed down.

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Look up the definition of detained, and you will see, it is not called that...

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Originally Posted by hurley842002

Look up the definition of detained, and you will see, it is not called that...

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Maybe you should as I am aware of the definitions. Better yet here, look at the 3rd definition:

http://img.tapatalk.com/d/13/11/11/gubaqyjy.jpg

I'll bite.

You're in a store the size of a regional sports arena that houses everything from $14 cuts of steak to $3,600 televisions. Unlike your local grocer who has one small entrance to keep an eye on, with no more than 30 patrons inside at any given time, the literal millions of dollars in various merchandise is out on a floor populated by a few hundred people. Surely you can understand why they want to exercise some vigilance in making sure someone doesn't just stroll in, nick a bundle of DVDs and a cell phone, then march out unimpeded.

And if you're really enough of a douche to just blow off a person who's actually working for a living (which seems rare given our state of affairs), then be combative when they ask WTF you're doing, I hope they do detain you. Good luck explaining to the police how you violated the Terms of Agreement you signed on private property but 'teh FEDURAL LAW is superseedin' it!'

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Originally Posted by ZERO THEORY

I'll bite.

You're in a store the size of a regional sports arena that houses everything from $14 cuts of steak to $3,600 televisions. Unlike your local grocer who has one small entrance to keep an eye on, with no more than 30 patrons inside at any given time, the literal millions of dollars in various merchandise is out on a floor populated by a few hundred people. Surely you can understand why they want to exercise some vigilance in making sure someone doesn't just stroll in, nick a bundle of DVDs and a cell phone, then march out unimpeded.

And if you're really enough of a douche to just blow off a person who's actually working for a living (which seems rare given our state of affairs), then be combative when they ask WTF you're doing, I hope they do detain you. Good luck explaining to the police how you violated the Terms of Agreement you signed on private property but 'teh FEDURAL LAW is superseedin' it!'

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I've done it. If the line is small, i show my receipt. But there have been times where there have been 30 people in line and I walk through. I just tell them I purchased my stuff and do not have to legally wait now. They leave me alone. No cops. You can add anything into an agreement but that doesn't make it enforceable. I've seen prenups that say the man gets sex at least 3 times a week. Both him and his wife "agreed" to it. But that is not enforceable and if she declines the 3 times, nothing can be done.

And if you're using the excuse that these old ladies at the door checking merchandise is their security in preventing theft- that's dumb. Should/probably have security cameras and security watching. The old ladies at door don't care and don't even do a good job at that. They barely pay attention.

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Originally Posted by Madeinhb

Federal law supersedes costco agreement. Sorry.

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Federal law? Please ... do tell me more. Like what Federal law you believe applies. [facepalm]

Please lets have another whiny ass complaint about something. Bunch of pussy ass biddies on this site.

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Originally Posted by james_bond_007

Typically search cannot take place without a warrant or an arrest, both also requiring probably cause of some sort, or permission of the search-ee.
Yet Sam's continues to search without any of these.

Yes, I understand that laws in this area vary from state to state and the 4th Amendment "Illegal Search and Seizure" applies.

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Search and Seizure- as it applies with 4th Amendment concerns, does not apply to actions conducted by private citizens and companies- only the government (Federal, State, and Local) and it's agents (IE: police). Read through your terms and conditions for your membership and you might see some legal language that you submit to this kind of check as a part of being a member. It's akin to Colorado Expressed Consent with your driver's license- you attain a DL, you consent to chemical tests to prove you are safe to operate that vehicle on state/federal/county/city roads or you lose your privileges.

To put it very simply, if I, a common citizen, not employed or an agent of a law enforcement agency were to search your stuff without permission, I wouldn't be violating your 4th Amendment rights because I am not the government. Easy enough?

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Originally Posted by Ronin13

Search and Seizure- as it applies with 4th Amendment concerns, does not apply to actions conducted by private citizens and companies- only the government (Federal, State, and Local) and it's agents (IE: police). Read through your terms and conditions for your membership and you might see some legal language that you submit to this kind of check as a part of being a member. It's akin to Colorado Expressed Consent with your driver's license- you attain a DL, you consent to chemical tests to prove you are safe to operate that vehicle on state/federal/county/city roads or you lose your privileges.

To put it very simply, if I, a common citizen, not employed or an agent of a law enforcement agency were to search your stuff without permission, I wouldn't be violating your 4th Amendment rights because I am not the government. Easy enough?

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That is correct.

Costco may have a right to "ask" for my receipt as I'm leaving, but I have the right to say no. Nothing Costco or SAMs Club can do legally besides revoke my membership. But guess what- they won't do that.

Costcos rules state the the receipt check is to verify you are charged right. Those receipt checkers have no idea.

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Originally Posted by Mtn.man

Please lets have another whiny ass complaint about something. Bunch of pussy ass biddies on this site.

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:)

We're also seeing how some folks treat agreements they signed...they SIGNED it and still want to violate the agreement they signed. Be careful doing business with them.

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Originally Posted by roberth

:)

We're also seeing how some folks treat agreements they signed...they SIGNED it and still want to violate the agreement they signed. Be careful doing business with them.

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A judge can not enforce that policy in an agreement. Again what is the policy of receipt checking - in the agreement it is to validate you were charged correctly. So if they have the right to check receipts, I can then ask them if everything was charged correctly and to confirm it for me by looking in a computer.

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Originally Posted by spqrzilla

Federal law? Please ... do tell me more. Like what Federal law you believe applies. [facepalm]

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Its the federal one!

Id also be interested in knowing

Smile and say no thank you, proceed out. I do it at walmart all the time. A lowes manager got a cart in the calf for blocking me once.

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Originally Posted by funkymonkey1111

Its the federal one!

Id also be interested in knowing

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I miss spoke when I typed it. Sitting here at my house discussing a federal law with a friend and I typed it. Probably shouldn't try to have 2 conversations at once :)