We may see an end to the Big Box Gestapo.

[Mark Healey]

It turns out that some Circuit City manager thought that he could detain someone for refusing to be searched eve though he had no reason to believe he had stolen anything. All the guy did was refuse to submit to those "receipt checks" at the exit and it escalated to him being arrested on bogus charges. There are going to be some lawsuits coming. Here's the original Article.

The ID issue muddies it but I hope that stores will stop treating all their customers like thieves.

*MOD NOTE - Post with links to stories on other sites go in "Check it out!".

[Pedersen]

Actually, for my money, the ID issue does not muddy it at all. It means a second lawsuit gets filed, against the police.

First suit: Unlawful detainment, against Circuit City, the guy at the door, and the manager.

Second suit: Unlawful arrest, against the police department, and the officer.

This is a nasty situation. I'm glad it's happening, and that it's being fought. I'm also glad it's not me, because I don't know that I would fight it to the end, like it needs to be fought.

[Irving Patrick Freleigh]

Three morons for the price of one! The LP guy and the manager for physically detaining the customer when they had absolutely zero proof he had actually stolen something (aren't there certain things LP has to observe before attempting a stop? And refusing to stop and show an ID is not one of them?)

And then the officer for arresting the customer anyhow.

That customer is going to be rich beyond his wildest dreams. The store and the police department have it coming.

[wolfie]

From what I've read on another board, the manager is [b]really[b] lucky that the driver (customer in question was a passenger) didn't interpret the deliberate blocking of the car as a carjacking attempt (where it would be reasonable for the victim to flee even though one of the carjackers is standing in his escape route).

[crazylegs]

(aren't there certain things LP has to observe before attempting a stop?

Oh yes, S.C.O.N.E. covers it:-
Selection, see the produce come off the shelf
Concealment, see the product being put into whatever receptical (Not always applicable)
Observation, constantly observe the person from the moment of selection, a break of even a second is enough to stop me making an arrest
Non payment, you must know the goods have not been paid for
Exit, th thief must exit the store with the goods

[Pedersen]

Well, one part of this issue is resolved as of today. Here's the link: http://www.michaelrighi.com/2007/09/20/success/

To summarize: The city and the arrestee made a deal. Arrestee agrees not to sue the city in civil court, and city drops all charges and expunges the arrest from his record. No admission of wrongdoing made by either side.

No mention of what will happen with Circuit City as yet, though.