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Man Arrested for Refusing to Show Drivers License
NMerriam writes "Michael Righi was arrested in Ohio over the weekend after refusing to show his receipt when leaving Circuit City. When the manger and 'loss prevention' employee physically prevented the vehicle he was a passenger in from leaving the parking lot, he called the police, who arrived, searched his bag and found he hadn't stolen anything. The officer then asked for Michael's driver's license, which he declined to provide since he wasn't operating a motor vehicle. The officer then arrested him, and upon finding out Michael was legally right about not having to provide a license, went ahead and charged him with 'obstructing official business' anyways."
This is supposed to be Cop Law 101 for these guys. Under the seminal U.S. Supreme Court case of Terry v. Ohio, cops can ask you whatever they want, but they cannot force you to answer or to cooperate unless they have reasonable articulable grounds to suspect that you have committed or are about to commit a crime.
The Circuit City employee was not accusing this fellow of stealing anything. He was simply under the mistaken impression that he could force a customer to comply with a search. What the cop did was an unreasonable seizure, an illegal arrest. What the employee did was false imprisonment. It doesn't matter what the Ohio legislature says about having to show your ID when a cop asks. A legislature cannot override the Federal Constitution. Yes, both the cop, the store employee and the store could be liable.
I think the guy should sue everyone involved. It has come to be a serious annoyance that every store thinks they can detain you because you had the gall to purchase something from them. One way to educate people is to have a nice fat lawsuit. If Circuit City wants to avoid all the bad publicity this would generate, they can settle for a nice fat sum.
I always refuse to show my receipt / property when leaving Fry's (the worst in my opinion) / other stores. I also refuse to wait in line to leave. I just walk by and leave. Only once has the "loss prevention employee" tried to stop me. I simply informed him everything in my bag and on my person was my property and if he wished to search it he would need to call a law enforcement officer. I also informed him that if he tried to grab me I would consider it assault and I would defend myself. I do not surrender my right to privacy because I enter a privately owned store. Their effective recourse is to inform me I am unwelcome to return, ask me to leave and/or call law enforcement if I refuse.
As to blocking my car in the parking lot, that sounds pretty much like the textbook definition of unlawful detention / kidnapping. Maybe a call to the FBI is in order.