Al_B on 7/9/2007 at 22:37
Quote Posted by Subjective Effect
What shop is that then Al_B? Never happened to me.
B&Q seem quite keen on it where I live. Your receipt gets checked about 5 metres after you get through the tills. It's not a big deal and most of the time they don't even bother. Costco does the same thing as DinkyDogg says, but at least there is a decent distance between the cashier and the door.
Quote Posted by Subjective Effect
I think mop is talking about sales people, not the police, looking through your bags. Lord knows I don't want some of the dodgy mofos that run tills in the UK looking through my stuff!
You just have to remember that you're probably about the 200th person they've seen that day and they won't remember you after 30 seconds has passed. As I said previously, if I have anything I don't want someone to see then I would leave it behind.
Quote Posted by Subjective Effect
Also - WHAT THE HELL WITH ALL THIS QUOTING A POST
DIRECTLY ABOVE YOURS? This disease is all over the forum. This isn't PA forums ffs. Not directed just at you, Al_B, but still at you. Too.
Fortunately, DinkyDogg has posted between your post and this one so I won't be guity of it again :).
In my case, the reason I quoted it was to establish the context of my post. It takes me a while to type a message and i would hate to post a "I completely agree with everything you said" when someone has posted "All police officers should be shot on sight for their abuse of human rights"
mopgoblin on 7/9/2007 at 22:55
Quote Posted by Al_B
From my point of view much of that information is what needs to be revealed on almost a daily basis as a part of doing business. Would I be worried about a police officer searching my briefcase (or handbag if I were a woman)? No. If it were so sensitive or embarrasing I wouldn't carry it around with me in the first place in such an obvious manner.
I was referring to being searched by the creepy store employee, not by police. But since you brought that up, how <em>would</em> you receive your sensitive or embarrassing items and information? The right that prevents the police from arbitrarily opening your mail is most likely the same one that stops them from arbitrarily searching you and your bag (and your home, for that matter).
Quote Posted by DinkyDogg
Just a warning - Coscto and a few other stores have a written policy that you agree to if you purchase a membership that gives them the right to inspect your bag as you leave. Refusing a bag check looks like it's legal at Circuit City and Fry's, but be careful at stores where you have a membership agreement.
Even with a membership agreement, I expect the worst that could happen is that the agreement is terminated and they don't let you shop there again. I don't know if the search provision could be rejected while preserving other parts of the contract - it might depend what the other provisions are, as well as other relevant circumstances.
*Zaccheus* on 7/9/2007 at 23:08
Quote Posted by LesserFollies
MY original point was, you can quite "calmly" have a bad attitude. Or, in this instance, an inappropriate one. They're not mutually exclusive.
Yes, but you can also have a perfectly normal attitude and still be a target. So he might not have had a bad/inappropriate attitude at all.
:)
Turtle on 7/9/2007 at 23:45
Quote Posted by DinkyDogg
Just a warning - Coscto and a few other stores have a written policy that you agree to if you purchase a membership that gives them the right to inspect your bag as you leave. Refusing a bag check looks like it's legal at Circuit City and Fry's, but be careful at stores where you have a membership agreement.
The difference here being that the policy is in writing on the application form you have to fill out in order to become a member.
By signing the application, you're consenting to those terms of service.
Swiss Mercenary on 8/9/2007 at 06:00
Quote Posted by Turtle
The difference here being that the policy is in writing on the application form you have to fill out in order to become a member.
By signing the application, you're consenting to those terms of service.
A contract with illegal clauses is unenforceable. Costco is free to terminate your membership, but they cannot compell you to submit yourself to those searches.
Turtle on 8/9/2007 at 06:11
What's illegal about it?
They say they reserve right to check your receipt on your way out. They don't search your person as far as I know, and they check everybody's receipt so they're not profiling anyone.
But the fact is, it's written right there for me to see before I ever shop there.
If I don't like it I don't shop there, but they in the clear for the most part.
It's still a crappy practice, but it's one they tell you about, so you can make an informed choice.
mopgoblin on 8/9/2007 at 06:49
Quote Posted by Turtle
What's illegal about it?
If a clause requires a person to consent to an action that would otherwise be illegal, that clause is not enforceable. The most it could do is indicate what the intentions of the parties were at some time prior to a dispute over the clause. Usually a person may revoke consent prior to the action that requires that consent, regardless of any contract.
Turtle on 8/9/2007 at 16:46
Yeah, but it's not illegal for me to give consent to search my shopping bag.
If I said, 'Yeah you can beat my kid on the way out the door', that's a whole different situation.
But looking through my bag is perfectly legal, as long as I said it's OK, which I have done in advance by filling out the application.
You're right though, that I can rescind at any point in time, thus breaking the contract we had and they can revoke my shopping privileges.
There is no contract with CC.
You can't force someone to comply with some pseudo-legal mumbo-jumbo just because they cross an imaginary line.
Unless you work at the border, I guess.
hopper on 8/9/2007 at 20:37
If something is illegal, any clause in an agreement that you sign doesn't make it legal. Instead, because it's illegal, such a clause would be invalid from the moment you signed it, and there'd be no need for you to even revoke it later.
Of course you are perfectly at your liberty to let them search your bags if you (and they) wish. What's illegal, is for the store to require you to let them search your property.
*Zaccheus* on 8/9/2007 at 21:02
Hang on, searching someone's bag is not illegal (unlike beating your kid).
What is illegal is searching your bag without your consent.
So I don't think it is illegal for the store to say that you can only shop there if you consent (in advance!) to your bag being searched.
