Rug Burn Junky on 9/9/2007 at 17:51
hopper, you'd suck at law school.
*Zaccheus* on 9/9/2007 at 18:38
I really do not understand why the police officer wanted to see his ID at all.
Quote Posted by hopper
No, it's like saying it's illegal for a dude to require consent to sex from a girl before he lets her out of his house.
What is "it" in this context?
"Someone can't
go into your shop" is like "someone can't
leave your house" ?
:confused:
hopper on 9/9/2007 at 20:08
No, "it" = "you can't leave our shop before you let us search your bags" (what the guy was talking about in his blog)
is like saying "girl, you can't leave my house before you let me bone you" (well, maybe not quite, but I didn't drag the bedroom interest into this).
Now, RBJ stated that the store's management has no right to search your property. The way I understand things, this can only mean that any provision on the store's part that requires you to let them search your bags before leaving must be illegal. Maybe if the store made sure to get your consent in advance, i.e. before even entering the shop, it'd be another story, like you said. It could also be that the law treats this point differently in other countries, but I think that here in Germany at least, a clause to that effect would not hold up in court.
DaveW on 9/9/2007 at 20:20
Quote Posted by *Zaccheus*
I really do not understand why the police officer wanted to see his ID at all.
If you can't figure that out by yourself, you have a problem.
Hint: This guy could have said his name was something completely different and without ID, the police officer wouldn't know.*Zaccheus* on 9/9/2007 at 20:51
Hint: The police officer had no need to know his name. ;)
Quote Posted by hopper
No, "it" = "you can't leave our shop before you let us search your bags" (what the guy was talking about in his blog)
I thought we were discussing the legality of a store putting up a big sign / writing in the membership conditions that you can only shop there if you agree in advance to have your bag searched.
Rug Burn Junky on 9/9/2007 at 20:52
Quote Posted by hopper
Maybe if the store made sure to get your consent in advance, i.e. before even entering the shop, it'd be another story
You mean, like SIGNING A FUCKING MEMBERSHIP AGREEMENT?????!!!???!?!?!?!?!
Jesus christ, follow along.
*Zaccheus* on 9/9/2007 at 21:04
Quote Posted by hopper
I think that here in Germany at least, a clause to that effect would not hold up in court.
I know what you mean, there are some rights you cannot sign away, but at the very least the shop has 'Hausrecht' and can refuse to let you into the shop in future without giving any reasons, I think.
hopper on 9/9/2007 at 21:15
Quote Posted by Rug Burn Junky
You mean, like SIGNING A FUCKING MEMBERSHIP AGREEMENT?????!!!???!?!?!?!?!
Jesus christ, follow along.
Quote Posted by hopper
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.
I was discussing the legality of such a clause IN A FUCKING MEMBERSHIP AGREEMENT already, when I got sidetracked by the rape/consent metaphor.
Buy a dog if you feel you need to yell more.
DaveW on 9/9/2007 at 21:52
Quote Posted by *Zaccheus*
Hint: The police officer had no need to know his name. ;)
Of course he did, in any possible criminal offense the police are supposed to name everyone involved or who witnessed it. It's even in the local law that they are allowed to do that. Seeking confirmation is logical (allbeit against the local law).
*Zaccheus* on 9/9/2007 at 21:56
There was no offense. The guy even let the officer see his receipt. The store had no reason to accuse him of stealing.
