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Man Wins Partial Victory In Circuit City Arrest

JeremyDuffy writes "Michael Righi, the man who was arrested at Circuit City for failing to show his reciept/driver's license, has fought a moral battle against the city for almost a month now. The case has already been settled and he emerged victorious... sort of. It turns out that he's already spent almost $7500 and would have kept fighting them too, but because his family would have been dragged into it, he was forced to take a deal. They've expunged his record and dropped all charges, but he had to give up his right to sue the city to do it."

788 comments

  1. wrong? by Nishal · · Score: 4, Insightful

    Guess it is cheaper this way, than for the city to actually admit it screwed up..

    1. Re:wrong? by djasbestos · · Score: 3, Insightful

      Well, if a city can get away with not admitting it screwed up with colorful Mooninites giving obscene gestures NOT being bombs (who'da thunk?), then another city can certainly get away with I-pulled-this-charge-out-of-my-ass-so-I-don't-look-incompetent with one cop and one "offender".

    2. Re:wrong? by pilgrim23 · · Score: 3, Insightful

      Why provide a money pit for Lawyers to wallow in? The true victory is this: the name of the store is "Circuit City" make a note of that "Circuit City". Got that? Now you out there, oh slash dot geek buing public: know the name of this -soon-to-hurt-badly retailer and...... DO NOT BUY THEIR PRODUCTS! go to PC Club or Best Buy or whatever but shop ELSEWHERE. -THAT is the true way to get back at this sort of situation.

      --
      - Minutus cantorum, minutus balorum, minutus carborata descendum pantorum.
    3. Re:wrong? by Anonymous Coward · · Score: 0

      *waits for djasbestos to become a police chief so we can plant Mooninite-looking bombs in the knowledge that they won't be inspected*

    4. Re:wrong? by 91degrees · · Score: 2, Insightful

      Better for the city though. Since cities aren't operating on a for-profit basis, a big payout either comes from increased taxes or cuts in services. The people who would ultimately pay for it didn't have anything to do with this apart from electing the guy who hired the guy who hired the guy who screwed up.

    5. Re:wrong? by Anonymous Coward · · Score: 0

      Sadly it's not possible for me to boycott Circuit City more than once. I mean, why would anyone ever shop there?

    6. Re:wrong? by zippthorne · · Score: 1

      You do realize that that particular ad campaign was looking to provoke an incident. Boston was just unlucky enough to take the bait first.

      Either that or their goal was to get the small number of people who already watch Adult Swim to continue to watch it...

      --
      Can you be Even More Awesome?!
    7. Re:wrong? by Seumas · · Score: 1

      I just can't believe this hasn't become a bigger deal than it has in the media. It sickens me that we as a society believe that you must surrender yourself to any "authority" that wishes to investigate or impede you. Including the "authority" of a minimum wage management monkey at a Circuit City.

      Why this guy didn't beat the dude's ass. Presumably, the management or the door-nazi or whatever intended to place a "citizens arrest", right? Well, you can be in SERIOUS trouble if you falsely imprison someone with a citizens arrest. So... why settle for anything less than at least making sure criminal charges are filed on Circuit City and their employees?

      Also, cue the idiots who are going to say that you are obligated to yield to door-nazis, because... hey... if you aren't doing anything wrong and you don't have anything to hide, why do you care?

    8. Re:wrong? by Anonymous Coward · · Score: 0

      How is placing an ad of a cartoon flipping you off looking to provoke anything but mild outrage by the religious type? No one in their right mind would think, "Hey, I bet this provokes the city into shutting down".

    9. Re:wrong? by UbuntuDupe · · Score: 1, Insightful

      You know what would have been REALLY cheap, though?

      "Receipt? Oh yeah, here you go. Check ya later."

    10. Re:wrong? by Brian+Gordon · · Score: 3, Insightful

      The point was to set a legal precedent, not to get a huge payout from the city. And what's your point, that governments shouldn't be responsible to their citizens becuase it's ultimately the citizens who pay? You're technically right, but governments are still liable for damages.. when you entrust a police force with weapons and right to assert force, there need to be strong penalties for them violating your rights. It's important for trust in the police to exist for citizens to be confident that if their rights are violated then they're entitled to huge amounts of money. The mechanics of where it comes from is irrelevant, it's a matter of rights, and the psychology of societies.

    11. Re:wrong? by Anonymous Coward · · Score: 0

      The city was totally in the wrong. The city should have to pay. But the city has the ultimate weapon against regular people: false charges. Once charged, the only way to ever get those charges off your record is if the city voluntarily agrees to expunge. So you can bring a civil suit over a wrongful arrest and know you are assured of winning. Depending on circumstances, you may get 20 or 30 thousand dollars (a minimum deterrent amount calculated to keep the city from behaving the same way in the future). But you will never get the false charges off your record. The cost to you in jobs and other losses over time will easily exceed the one-time compensation of winning the civil lawsuit.

    12. Re:wrong? by e4g4 · · Score: 2, Insightful

      An *incident* maybe, but a massive anti-terror/bomb-squad response? I don't think that's what they intended at all. I think far more likely they wanted to draw the ire (and thereby some free publicity on say, Fox News) of people who found the middle finger offensive.

      --
      The secret to creativity is knowing how to hide your sources. - Albert Einstein
    13. Re:wrong? by pnewhook · · Score: 1

      This hasn't become a bigger deal in the media because it's just one story of a complete asshole picking a fight just because he can.

      It's one thing to stick up for your rights. It's completely another to be an arrogant prick, forcing your will onto others for no good reason, other than he's a complete stubborn moron. Take free speech for example. Yes everyone has it but what this guy did is the equivalent of walking down the street speaking your mind about everything just to gather attention. Then screaming 'but I have a right to free speech!' when someone complains.

      There's a time and place to pick fights and this example is certainly not one of them. Some people talk about banning Circuit City. If I were running Circuit City, I would ban this asshole from ever being allowed back into the store.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    14. Re:wrong? by kat_skan · · Score: 1

      The people who would ultimately pay for it didn't have anything to do with this apart from electing the guy who hired the guy who hired the guy who screwed up.

      And now out of the whole city there is only one person with a vested interest in getting that guy out of office.

    15. Re:wrong? by atamido · · Score: 1

      Yeah, this situation really highlights an issue with the system. It is almost impossible to create a balanced system where people can easily sue the state (encouraging them to clean up their act), and yet not encourage frivolous lawsuits.

      You know there are lawyers out there that would take cases like this for a cut of the winning, so what we need is for the police to wrongly arrest some people with a whole lot of time on their hands. I'd volunteer myself, but I've got this thing... in Canada... that requires quite a bit of my time at the moment...

    16. Re:wrong? by Kandenshi · · Score: 1

      That sort of protest really works best if The Powers That Be at the company(or at least management) get the messege of WHY you're not buying from them. People who don't shop at Walmart are indeed making a point, kinda. But the Walmart exec don't know if you're boycotting their stuff because of their questionable hiring practices, their effect on the mom & pop stores, the staff working at a particular location, or if maybe, you just think their prices are still too high(leading to the higher ups trying to squeeze a little bit more out of their employees, and performing more questionable acts in their pursuit of the lowest price possible.

    17. Re:wrong? by Cornflake917 · · Score: 1

      The true victory is this: the name of the store is "Circuit City" make a note of that "Circuit City". Got that? Now you out there, oh slash dot geek buing public: know the name of this -soon-to-hurt-badly retailer and...... DO NOT BUY THEIR PRODUCTS! go to PC Club or Best Buy or whatever but shop ELSEWHERE. -THAT is the true way to get back at this sort of situation. Why refuse to buy Circuit City's products? Becuase they ask for your receipt when you leave? Best Buy and many other stores do this when you make big purchases as well. I frankly have no problem showing my bag and receipt. It takes two seconds...dig deal.
    18. Re:wrong? by bkr1_2k · · Score: 2, Informative

      yes, it takes two seconds, but you've either not read the linked blog or you missed the point completely. you shouldn't have to show your receipt and you definitely shouldn't have to show ID to a cop when you were the person who called for help.

      --
      "Growing old is inevitable; growing up is optional."
    19. Re:wrong? by Scudsucker · · Score: 1

      What part of merchants have no right to search your bag or detain you do you not understand? What part of cops not having the right to ask for your ID if you aren't operating a motor vehicle do you not understand?

      If you want to be a good little ankle grabber, that's your business. But if you expect other people to grab their ankles, you can go fuck yourself, you incompetent shit.

    20. Re:wrong? by Scudsucker · · Score: 1

      It is almost impossible to create a balanced system where people can easily sue the state (encouraging them to clean up their act), and yet not encourage frivolous lawsuits.

      Um, no. Frivolous lawsuits get kicked out of court, with prejudice (so they can't be brought again). Many of the "frivolous lawsuit" cases you hear in the media aren't frivolous at all, they're reported without relevant facts so citizens will be outraged and support "tort reform", which is far more about shielding special interests from responsibility than curbing frivolous lawsuits. The McDonalds' coffee lady is a perfect example of this: she didn't sue because she dropped coffee on herself, she sued because McDonalds knowingly kept it at dangerously high temperatures and she was burned to the bone.

      Also, if one side in a case has no merit, the other can ask for reimbursement for attorneys fees, like some people have done with RIAA lawsuits or when the ESA has a violent video game ban overturned.

    21. Re:wrong? by Scudsucker · · Score: 1

      It's a big deal because they have not right to demand that of you. I'd just look the door nazi in the eye, tell him to go ahead and get his manager, and if they insist on looking at my receipt I'll go ahead and show it to them - right before I take that $1500 plasma TV back into the store for a complete refund.

    22. Re:wrong? by pnewhook · · Score: 1

      If you dont like the store policy - THEN DONT SHOP THERE!!! Moron.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    23. Re:wrong? by Jinjuku · · Score: 0

      You want to know what is cheaper? Not shopping there. I don't do either CC or BB for two reasons: The extended warranty they try shoving down your throat and the whole check my bag at the front door. I just fucking walked 15 feet from the cash register. Was I seriously able to sneak that 72" LCD that I have been drooling over for the past 3 years out of there? And if your worried that your cashiers are not ringing up something for a buddy of theirs, I fail to see where that is MY problem. The last time I was there was for an XBOX 360, games, and some add on's. The cashier kept going on about the extended warranty. I told them to f'off and cancel the order. Left the entire pile right there at the register and walked out.

    24. Re:wrong? by zippthorne · · Score: 2, Insightful

      If they'd attached them to the signs of willing shop owners, it wouldn't have been a problem. As evidenced by the fact that the shops they placed them in weren't a problem. If they'd put it on a Billboard, they might've pissed off the prudish, but the prudes would just complain and possibly litigate. They wouldn't cause city wide overcaution induced traffic.

      But when they put them in a hard to access location on a freeway support, they went way over the line. The only way to handle that is to shutdown traffic on the affected segment (which requires closing off lanes quite far away and routing traffic through already crowded surface streets for just ONE device) and treat it with caution until it is determined to be harmless.

      They had the option, at any time before there was a panic, to inform town officials or emergency responders of the nature of the devices. The best time would've been before placing them. The next best time would be right as soon as they started a commotion. The worst time was what they chose: wait until the city was in full panic mode and there was no way to deny their involvement.

      No, their choice of placement, and their actions leading up to and following the event are strong evidence of their intent to cause national headline inducing panic in at least one city. Boston took the bait. Not a proud moment for Boston, but by no means a responsibility absolving level of overreaction.

      --
      Can you be Even More Awesome?!
    25. Re:wrong? by Scudsucker · · Score: 1

      Their policy means jack, fucktard. They have no right to ask for you a receipt, end of story.

    26. Re:wrong? by Anonymous Coward · · Score: 0

      How this is allowed under public policy is beyond me. Any agreement by a city/village/town/state not to prosecute a criminal charge in exchange for the defendant not bringing a civil case should be prima facie evidence of official misconduct by the city/village/town/state.

    27. Re:wrong? by blast3r · · Score: 0, Flamebait

      JUST SHOW THE GODDAMN RECEIPT!! for christ's sake. This was stoopid.

    28. Re:wrong? by teasea · · Score: 3, Interesting

      you shouldn't have to show your receipt

      Exactly. If they see a person stealing, stuffing something into their bag, pants, socks etc... they have a reason to search you and follow up with a citizens arrest. The reason stores have begun searching the bags on the way out is to be sure their employee (the cashier) is not a friend (or taking a kickback) to help you steal the item. This is the stores problem and the solution is not to pretend they have the right to search and detain you. They have the onus of proving you have stolen something. You are not required to prove that you did not. By that logic, they could ask for proof of purchase of any item on your person (assuming the store actually carries said item).

      I personally will not shop anywhere where the policy is to search customers on the way out. It's not my responsibility to help them manage their own employees. I'm not a cow and have no intention of giving an inch where constitutional rights are concened.

    29. Re:wrong? by Samizdata · · Score: 1

      No, I refuse to buy their products due to their policy of firing longer term, higher paid employees then offering to rehire them at starting wages (http://www.bloomberg.com/apps/news?pid=20601087&sid=aw.zhHEzMpZU&refer=home), as well as their established history of racism (http://lw.bna.com/lw/19980929/971372.htm) and other, shall we say, shady behaviors.

      --
      It's not the years, honey, it's the mileage. - Colonel Henry Walton Jones, Jr., Ph.D.
    30. Re:wrong? by atamido · · Score: 1

      Sorry about that. I really meant something along the lines of somewhat-frivolous lawsuits. Lawsuits where there is enough merit to take to trial, but the primary purpose is to feign injury. Or possibly using it to obtain excessive damages. Or sometimes a lawsuit is used simply to delay the other party from being able to act. I've seen those types of tactics used against city governments and it costs them millions that they could be spending on infrastructure for their citizens.

    31. Re:wrong? by bob_herrick · · Score: 1

      Personally, I think they overreacted. Seems to be a pastime in that neck of the woods like this 'fake bomb' arrest: http://www-tech.mit.edu/V127/N40/simpson.html. It may be that blinking LED's are too flash for that neighborhood.

    32. Re:wrong? by mrg9999 · · Score: 1

      "If you can't do the time, don't do the crime" Why is it so hard not to follow the law, and don't aggravate the police. I'd have tasered him, and made him wear a banner. "I'm an ass hole who shouldn't be allowed out without my nanny" receipt fraud is rampant - lets stamp it out, and keep prices low.

    33. Re:wrong? by thealsir · · Score: 0, Flamebait

      Except that when you're in a store, you're on private property. They can search the bag on the way out as much as they want.

      If they randomly came up to you and demanded to search your bag on the street outside, now that would be different.

      --
      Do not downmod posts "overrated" simply because you disagree with them.
    34. Re:wrong? by Scudsucker · · Score: 1

      Sorry about that. I really meant something along the lines of somewhat-frivolous lawsuits.

      Ah. It's all good, baby. :) If a case is bogus, I fully support aggressive reimbursement of attorneys fees. What I don't want is what some other countries have, and that is loser pays all costs. The only people who would sue would be those who can afford to lose, and big companies can afford to lose a lot more money than J. Shmoe who makes $25,000 a year.

    35. Re:wrong? by atamido · · Score: 1

      Unfortunately there are a lot of judges out there that really don't have a clue. Now if I were in charge, the world would be a perfect place. Lawsuits would make sense, and the guilty would be forced to hand scrub toilets in porta-potties throughout the desert.

    36. Re:wrong? by Anonymous Coward · · Score: 1

      um, no. Once you purchase it, it is yours. they can ask you to leave, but they cannot search you. Do you realize how many of those creepy guys would be strip-searching cute women if your slippery slope were followed?

    37. Re:wrong? by Anonymous Coward · · Score: 0

      Inspecting them is one thing. Shutting down a city and screaming "OMGZ!1 a bomb" like tard before doing any kind of research is something else entirely.

    38. Re:wrong? by pnewhook · · Score: 1

      If I have a store, I can do whatever the hell I want. I can refuse service to whomever I like and I can make policies how I see fit. No arrogant childish little shit like that guy (and you apparently) is going to tell me how to run my store. He's on my private property - he plays by my rules. If he doesn't like it then he can go harass some other store owner.

      That whole incident could have been avoided by him not being a complete asshole, and he knows it. He CHOSE to exacerbate the issue by being a prick, and apparently he gets off doing it. I just hope he doesn't breed.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    39. Re:wrong? by Scudsucker · · Score: 1

      I can refuse service to whomever I like and I can make policies how I see fit.

      You can make whatever policies you want but that doesn't make them legal. Once the customer has paid for the merchandise, it's theirs. Not yours. And private citizens do not have the right to detain and search other private citizens. The store can ask to see receipts, but they cannot demand them. Deal with it.

    40. Re:wrong? by pnewhook · · Score: 1

      You can make whatever policies you want but that doesn't make them legal. Once the customer has paid for the merchandise, it's theirs. Not yours. And private citizens do not have the right to detain and search other private citizens. The store can ask to see receipts, but they cannot demand them. Deal with it.

      As long as I dont descriminate against sex, age, race, religion, or nationality, I can legally refuse service to anyone. I can demand to see a recipt if thats my policy and they are still on my property. Show me the law that says I cannot.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    41. Re:wrong? by zippthorne · · Score: 1

      It may also be that parents aren't f'ing raising their kids to have a little decorum. Why pick at the scab? What was the point? I'm sure she's real proud of herself for jerking around a bunch of people.

      MIT has some of the smartest students there are. She is clearly not one of them.

      --
      Can you be Even More Awesome?!
    42. Re:wrong? by Anonymous Coward · · Score: 0

      > I can demand to see a recipt if thats my policy and they are still on my property. Show me the law that says I cannot.

      See the Fourth Amendment.

      You don't have any more right to search another citizen than they have to search you. Once the purchase was made, and you gave the receipt to the customer, it became his property. Unless you somehow want to claim that it's still your property? Most people don't send their own 'property' home with others with the full expectation of never seeing it again.

    43. Re:wrong? by pnewhook · · Score: 1

      See the Fourth Amendment. You don't have any more right to search another citizen than they have to search you.

      Apparently you haven't read it.

      a) the event was not a search or seizure. The store simply asked to SEE the receipt which he refused. This was probable cause to suspecty that he stole something.

      b) the fourth amendment does not apply to private citizens, only to search and seizure under government authority.

      So, got another bullshit law to say that what the company did was illegal, or does your distorted sense of your own rights just make you THINK it was illegal?

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    44. Re:wrong? by Anonymous Coward · · Score: 0

      See the Fourth Amendment. You don't have any more right to search another citizen than they have to search you.
      Apparently you haven't read it.

      I have, actually - I seem to recall something about a right to be "secure in my person, house, papers and effects."

      a) the event was not a search or seizure. The store simply asked to SEE the receipt which he refused.

      So if I restrain you from going anywhere until you let me look in your bag, I'm not "searching" you? Riiiight....

      This was probable cause to suspecty that he stole something.

      You are SO fucking wrong here, you'd be laughed out of court. You're seriously making the claim that paying for your merchandise and being GIVEN A RECEIPT (meaning a representative of the store has ALREADY SEEN IT) is even reason for suspicion, let alone "probable cause"? Nope, not even close.

      the fourth amendment does not apply to private citizens, only to search and seizure under government authority.

      Oh, I see! That's great news; it means that the government can simply pay private citizens to violate our rights. The government can't abridge free speech, so they can simply pay some private entity to do it for them. Neat.

      The Fourth Amendment applies to the lawmakers, yes, but it also asserts that this right EXISTS. It is inherent and 'unalienable.' You still HAVE the right on private property; the only difference is in how you deal with the government violating that right versus a private citizen violating it.

      So, got another bullshit law to say that what the company did was illegal, or does your distorted sense of your own rights just make you THINK it was illegal?

      The store sets the policy for doing business with them; this guy had already COMPLETED his business with them, ergo no policy gave them a right to search, question, or detain him.

      Oh, and just to finish up, I'll throw in a gratuitous insult: you're a total fucktard sheeple authoritarian asshat. Show me the law that says I can't call you that, and then cram it up your ass!

    45. Re:wrong? by jp10558 · · Score: 2, Informative

      I think the point in this case is you can demand whatever you want, but once someone has concluded his business with you (bought the item) you can't force him to do anything else but leave.

      You cannot hold him (kidnapping), search his person, force him to give the products back(theft), or otherwise harrass a person lawfully attempting to exit your property.

      In general, you can require whatver you want of people to stay on your property, but the only enforcement you can do is asking them to leave. In this case, CC was preventing him from leaving. They cannot legally do this.

      As I understand the results of this and other such reports if you demand a recipt from someone and they refuse you can force them to leave and deny them readmittance. If you think they are stealing something, you can call the police and report the theft.

      --
      Opera, Proxomitron-Grypen,GPG 0x0A1C6EE3
    46. Re:wrong? by pnewhook · · Score: 1

      Just because you think you are right doesn't mean you are. No matter how angry and illogical your arguments are.

      Oh, and just to finish up, I'll throw in a gratuitous insult: you're a total fucktard sheeple authoritarian asshat. Show me the law that says I can't call you that, and then cram it up your ass!

      Wow some hidden anger there. Beat kittens much? Or are you just angry that you still live in your moms basement?

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    47. Re:wrong? by pnewhook · · Score: 1

      As I understand the results of this and other such reports if you demand a recipt from someone and they refuse you can force them to leave and deny them readmittance. If you think they are stealing something, you can call the police and report the theft.

      Think at this from the store owners point of view. The guy refuses to show his receipt to the security (no one was searching him or trying to seize his merchandise), and continues out of the store and hops into a waiting vehicle. Anyone would think that this guy was trying to steal, and the store has a right to make a reasonable attempt to try and stop him. If they do not, then they should get rid of the doors, and the guards, and just trust everyone to pay. Hell, why not get rid of the cashiers and put a box at the front where people can drop in their cash.

      I have yet to have anyone point out a law that the store violated. The guy was being an ass, he KNEW he was being an ass, and apparently likes to do this sort of thing for the attention.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    48. Re:wrong? by pete6677 · · Score: 1

      The store has EVERY right to ban the asshole from setting foot on their property again, even if its just for not showing a receipt. Its called private property, you fucking moron. Take your anti-authoritarian anarchist bent and shove it up your ass.

    49. Re:wrong? by joebagodonuts · · Score: 1

      No laws were broken. SO since he didn't do the crime, should he still have to do the time?

      --
      "Give a woman two glasses of wine and some pad thai, and they'll agree to just about anything." the Sports Guy
    50. Re:wrong? by Anonymous Coward · · Score: 0

      The store has EVERY right to ban

      They do have a right to refuse service to anyone.

      the asshole

      Standing up for your rights does NOT make you an asshole.

      Its called private property, you fucking moron.

      And it's not a license to whatever you want, shithead. Now, go fuck yourself with a curling iron.

    51. Re:wrong? by Anonymous Coward · · Score: 0

      Just because you think you are right doesn't mean you are. No matter how angry and illogical your arguments are.

      None of which you even bothered to address, I notice. If my points are illogical, point out why - but you don't even HAVE an argument, so you can't.

      Wow some hidden anger there.

      No, I was pretty much venting it. I don't think I was hiding any..?

      Beat kittens much?

      I love kittens. What I don't love is self-important blowhards who don't know the law.

      Or are you just angry that you still live in your moms basement?

      BZZZT!

      Been living successfully on my own for 20 years now, but an occasional immature flamewar on /. still suckers me in. It's about the only fun thing on the site anymore, ever since it became useless for news...

    52. Re:wrong? by Anonymous Coward · · Score: 0

      > I have yet to have anyone point out a law that the store violated.

      I don't think he claimed the store broke the law (though the cop did). I've heard people claim that the store was guilty of "kidnaping," but that's hyperbole. If anything, the guy has a tort case for false imprisonment, but no criminal case.

      > The guy was being an ass, he KNEW he was being an ass, and apparently likes to do this sort of thing for the attention.

      Irrelevant. He was still arrested after he had been cleared of any crime. The police officer had nothing to investigate, so he made up a crime for this guy to be charged with. "Obstructing Official Business"? Ha! Only if the cop had any business demanding ID, which he didn't.

    53. Re:wrong? by pnewhook · · Score: 1

      None of which you even bothered to address, I notice. If my points are illogical, point out why - but you don't even HAVE an argument, so you can't.

      I did adress it - the fourth amendment does not apply to private persons. Read it if you can. It's pretty clear. I didn't feel the need to argue something so obvious. And you never pointed out a valid law that the store was violating.

      BZZZT! Been living successfully on my own for 20 years now, but an occasional immature flamewar on /. still suckers me in. It's about the only fun thing on the site anymore, ever since it became useless for news...

      Anyone who argues with game show noises has the maturity of a 12 year old. I just assumed your age matched your intellect.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    54. Re:wrong? by pnewhook · · Score: 1

      I don't think he claimed the store broke the law (though the cop did). I've heard people claim that the store was guilty of "kidnaping," but that's hyperbole. If anything, the guy has a tort case for false imprisonment, but no criminal case.

      I'd say the store did absolutely nothing wrong and they had every right to ask for the receipt. It's their store and their policy.

      Irrelevant. He was still arrested after he had been cleared of any crime. The police officer had nothing to investigate, so he made up a crime for this guy to be charged with. "Obstructing Official Business"? Ha! Only if the cop had any business demanding ID, which he didn't.

      Agreed the cop was in the wrong for arresting him, but it's not irrelevant that the guy completely brought the situation upon himself for no real reason.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    55. Re:wrong? by Seumas · · Score: 1

      Sure, you can refuse service to anyone. They did not refuse service to this guy. What they did was SERVICED him. He went in. Bought items. They sold him the items. Then he walked out and they wanted to search his person. In fact, whether or not he purchased anything, they have no right to detain or search him. They are wage-monkeys with a nametag. They are not the law. And even the law must provide probable cause for searching you.

    56. Re:wrong? by pnewhook · · Score: 1

      Sure, you can refuse service to anyone. They did not refuse service to this guy. What they did was SERVICED him. He went in. Bought items. They sold him the items. Then he walked out and they wanted to search his person. In fact, whether or not he purchased anything, they have no right to detain or search him. They are wage-monkeys with a nametag. They are not the law. And even the law must provide probable cause for searching you.

      That's not quite what happened.

      Before he left the store they asked him for the receipt - he was still inside at this point. He refused and walked out. He also tried to hop into a waiting vehicle. This is now probable cause for them to assume that he had stolen something and broken the law. This gives them the right to detain him until he proved that he didn't do anything. They did not search him (nor do they have the right to physically search him), but they do have the right to ask to prove he didn't steal anything.

      Lets say you were having a garage sale, then someone bolted to the street and tried to get in a waiting car. Are you saying you have no right to try and stop him, ask his name or question him at all? You'd be robbed blind.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    57. Re:wrong? by jp10558 · · Score: 1

      Anyone would think that this guy was trying to steal, and the store has a right to make a reasonable attempt to try and stop him. This likely depends on state law, but I know several retail stores in NY will ask to check recipts, but specifically instruct workers that they CANNOT prevent someone from leaving unless they actually see the person steal something. Refusing to show a recipt is not enough, and infact would open the worker and the store to charges of possible assult/battery, unlawful confinement and various harrassment charges.

      Just like because I'm in your home doesn't mean you can tackle me or lock me in, being in a store does not give the owner the right to physically restrain me (and if you aren't physically restraining me, how are you keeping me in your store if I want to leave?).
      --
      Opera, Proxomitron-Grypen,GPG 0x0A1C6EE3
    58. Re:wrong? by 91degrees · · Score: 1

      And what's your point, that governments shouldn't be responsible to their citizens becuase it's ultimately the citizens who pay?

      No. just that penalising the city doesn't in gerneal hurt the people responsible. Fine - discipline the people involved if you have to but "the government" and "the police" are more abstract concepts that only have the morality of the people within them.

      People shouldn't be entitled to large amounts of money if their rights are violated. They should be put n the position they'd be in if their rights were not violaed. Those who violated their rights should be removed from a position where they are able to do so.

    59. Re:wrong? by Anonymous Coward · · Score: 0

      I did adress it - the fourth amendment does not apply to private persons. Read it if you can. It's pretty clear.

      Yes, it says we have a certain right to be secure in our persons, etc. - a right not granted by the government, it is INHERENT. That means you don't lose the right just because you walk onto someone else's property. You didn't address that at all.

      You didn't address the point that according to your illogic, we can have our rights violated at any time as long as it's done by a private party. As I pointed out, that's not the case - it's merely an issue of civil vs. criminal law.

      You didn't address the point that once he had paid for the merchandise, he was NO LONGER A CUSTOMER and had no obligation to follow any of the store's policies.

      You didn't defend your incorrect assertion that he wasn't "searched." They certainly were trying to force him to submit to a search - they demanded to examine a personal effect of his (the receipt they just GAVE to him! look up "give" in a dictionary, please) and refused to let him go until he showed it to them.

      You didn't defend your assertion that they had "probable cause," because you don't understand what probable cause is. Many others have pointed out that the store didn't even meet the requirements to exercise "shopkeeper's privilege."

      You didn't explain why they had any right to detain him, EVEN IF they suspected him of shoplifting.

      Anyone who argues with game show noises has the maturity of a 12 year old. I just assumed your age matched your intellect.
      Yeah, well nyeah nyeah, sticks and stones may break my bones, you big stinky dummy.
    60. Re:wrong? by pnewhook · · Score: 1

      Just like because I'm in your home doesn't mean you can tackle me or lock me in, being in a store does not give the owner the right to physically restrain me (and if you aren't physically restraining me, how are you keeping me in your store if I want to leave?).

      No they cannot b e tackled (assault) or otherwise physically restrained. But I can block the doors and I can stand in front of your car. Both of which the store did legally.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    61. Re:wrong? by pnewhook · · Score: 1

      Yes, it says we have a certain right to be secure in our persons, etc. - a right not granted by the government, it is INHERENT. That means you don't lose the right just because you walk onto someone else's property. You didn't address that at all.

      Yes I did. The fourth amedment does not apply to private citizens, and it doesn't matter how much you think it should. Here is the cae law that proves it: http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=466&invol=109 . Specifically: The first Clause of the Fourth Amendment provides that the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated (...) This Court has also consistently construed this protection as proscribing only governmental action; it is wholly inapplicable "to a search or seizure, even an unreasonable one, effected by a private individual not acting as an agent of the Government or with the participation or knowledge of any governmental official."

      What part of that do you not understand??

      You didn't address the point that according to your illogic, we can have our rights violated at any time as long as it's done by a private party. As I pointed out, that's not the case - it's merely an issue of civil vs. criminal law.

      No I did not say that. What I said was the fourth amendment that you said was being violated does not apply. No rights were violated and again I ask you to point to a law that was broken by the store.

      You didn't address the point that once he had paid for the merchandise, he was NO LONGER A CUSTOMER and had no obligation to follow any of the store's policies.

      Thats just asinine. He's a customer as long as he's on THEIR PRIVATE PROPERTY.

      You didn't defend your incorrect assertion that he wasn't "searched." They certainly were trying to force him to submit to a search - they demanded to examine a personal effect of his (the receipt they just GAVE to him! look up "give" in a dictionary, please) and refused to let him go until he showed it to them.

      I've been to stores like this. At no time did they ever try to search me or touch me in any way. All they did was to ask to SHOW the receipt, and occasionally they ask to look into the bag. Thats not a search of your person in any strecth of the imagination. I agree they are not allowed to pat me down or look in my pokets, but that DIDNT HAPPEN.

      You didn't defend your assertion that they had "probable cause," because you don't understand what probable cause is. Many others have pointed out that the store didn't even meet the requirements to exercise "shopkeeper's privilege."

      Any reasonable person can see that he was acting suspiciously. He refused to stop and present a receipt when asked and essentialy ran out the door to a waiting car on the sidewalk. If you were having a garage sale and someone suddenly bolted to a waiting car on the sidewalk, wouldn't you think they stole something? So according to your logic all you can do is watch them leave. You couldn't try and stop them or question them in anyway. You'd also be robbed blind.

      So again, what law did the store violate?

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    62. Re:wrong? by Scudsucker · · Score: 1

      That's not quite what happened.

      Yes, it is.

      Before he left the store they asked him for the receipt - he was still inside at this point.

      Once he had the receipt, the merchandise was his, and the *only* thing CC could do was ask him to leave.

      He also tried to hop into a waiting vehicle. This is now probable cause for them to assume that he had stolen something and broken the law.

      I suppose I could see it that way, if I was the biggest idiot on the planet. When people buy stuff, they generally take it out to cars in the parking lot of the store. And if someone is driving with them, that someone will frequently drive up to the front to pick them up.

      This gives them the right to detain him

      The hell it does.

      but they do have the right to ask to prove he didn't steal anything.

      The hell they do. It's obvious that you have no idea WTF you are talking about. If you RTFL, you'd know there was already case law on this. CC was completely in the wrong, and so are you.

      No they cannot b e tackled (assault) or otherwise physically restrained. But I can block the doors and I can stand in front of your car. Both of which the store did legally.

      Try it, and then you'll be the one asking for donations. For bail.

      I'd say the store did absolutely nothing wrong and they had every right to ask for the receipt. It's their store and their policy.

      Again with the bullshit about "policy". I can open a store and make a policy that any attractive woman over the age of consent has to blow me before she leaves. Obviously, there's policy and then there's what I can actually enforce. Demanding to check receipts and bags at the door is no more enforceable than demanding blow jobs.

    63. Re:wrong? by pnewhook · · Score: 1

      a lot of bullshit deleted

      Show me the law that says they cannot stop you and ask for a recept!! Why is it that hard for you to do that if it is not legal??!

      Again with the bullshit about "policy". I can open a store and make a policy that any attractive woman over the age of consent has to blow me before she leaves. Obviously, there's policy and then there's what I can actually enforce. Demanding to check receipts and bags at the door is no more enforceable than demanding blow jobs.

      Are you insane? That is clearly against the law (several of them). Again show me the law that says a storeowner cannot demand to see the store receipt. Until then shut the fuck up and stop spewing stupidity.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    64. Re:wrong? by Anonymous Coward · · Score: 0

      Yes I did. The fourth amedment does not apply to private citizens, and it doesn't matter how much you think it should. Here is the cae law that proves it:
      ...
      What part of that do you not understand??

      Okay, you win. It's not a Fourth Amendment issue.

      You didn't address the point that according to your illogic, we can have our rights violated at any time as long as it's done by a private party. As I pointed out, that's not the case - it's merely an issue of civil vs. criminal law.
      No I did not say that. What I said was the fourth amendment that you said was being violated does not apply. No rights were violated and again I ask you to point to a law that was broken by the store.

      Granted, the 4th doesn't apply. The store still had no right to detain him or his family. They should have asked to see the receipt and then taken his license plate number when he refused.

      You didn't address the point that once he had paid for the merchandise, he was NO LONGER A CUSTOMER and had no obligation to follow any of the store's policies.
      Thats just asinine. He's a customer as long as he's on THEIR PRIVATE PROPERTY.

      And he's free to leave that property at any time, without showing them a goddamn thing. They prevented him from leaving without meeting the necessary criteria for suspecting or detaining him - they did not witness him stealing anything.

      Once again, refusal to show a receipt, by itself, is NOT legally justification for suspicion.

      I've been to stores like this. At no time did they ever try to search me or touch me in any way. All they did was to ask to SHOW the receipt, and occasionally they ask to look into the bag. Thats not a search of your person in any strecth of the imagination. I agree they are not allowed to pat me down or look in my pokets, but that DIDNT HAPPEN.

      You're an idiot if you think it's not a search just because you consented to it.

      Sure they "asked" you. If you had said "no," you'd be facing the same consequences this guy did. If you can't say "no," you have no choice at all, it's not voluntary. The store policy can require consent to be searched in order to shop there. If you decline, they can ask you to leave, that's all.

      Any reasonable person can see that he was acting suspiciously. He refused to stop and present a receipt when asked and essentialy ran out the door to a waiting car on the sidewalk.

      You and I weren't there, so we don't know whether he was acting suspiciously or not. You have no reason to say he "essentially ran out," that is a subjective judgment you're not in a position to make. It sounds to me like he just kept calmly walking.

      So according to your logic all you can do is watch them leave.

      Yep. That's pretty much all you're legally empowered to do, unless you saw them take something they didn't pay for.

      You couldn't try and stop them or question them in anyway. You'd also be robbed blind.

      Except that this guy didn't steal anything. And the onus is not upon him to prove that he didn't. Paying for the merchandise was his only legal obligation, which he met.

    65. Re:wrong? by pnewhook · · Score: 1

      Granted, the 4th doesn't apply. The store still had no right to detain him or his family. They should have asked to see the receipt and then taken his license plate number when he refused.

      Again, please point to a law saying they do not have the right to do what they did. Despite assertions, I have yet to have anyone give me a law to that effect.

      You're an idiot if you think it's not a search just because you consented to it.
      How is it a search if they just ask you to show them something? If I ask to see your watch, does that mean I just searched you? No of course not.

      Except that this guy didn't steal anything. And the onus is not upon him to prove that he didn't. Paying for the merchandise was his only legal obligation, which he met.

      Why would he not take 2 seconds to hold up his receipt? Either because he was hiding something or he was a complete asshole and liked to piss people off. Since the first is FAR more likely (except in this case) they suspected him of shoplifting. They had reasonable cause to suspect him and to try and detain him. Note that they never actually TOUCHED him, so their attempts at detaining him were perfectly legal.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    66. Re:wrong? by 91degrees · · Score: 1

      The main problem is that people will file lawsuits that they know they can't win but they know they'll be cheaper to pay off in a settlement than fight in the courts.

      I've always wondered what would happen if an organisation made a point of aggressively defending any lawsuit that they knew they would win. Would they end up in fewer lawsuits as the litigious went for softer targets?

    67. Re:wrong? by Anonymous Coward · · Score: 0

      Again, please point to a law saying they do not have the right to do what they did. Despite assertions, I have yet to have anyone give me a law to that effect.

      Ohio code states that they have the right to detain upon "probable cause." Whether they had that in this case is probably a matter for a jury to decide, but most "shopkeeper's privilege" rules say that you have to witness the item being taken.

      Tell me, if two people refuse to show receipts, one being a shoplifter and the other having paid for his merchandise, how can you tell which is which? You can't. Therefore there is no way to determine a legitimate suspect from someone like Righi, whose "crime" is (shock!) being in a hurry. Refusal to show a receipt can't possibly be a determiner of guilt in a situation like this.

      How is it a search if they just ask you to show them something? If I ask to see your watch, does that mean I just searched you? No of course not.
      I was right, you ARE an idiot. If you DEMANDED to see my watch, and refused to let me go until I did, that is a search. You can ask all you want. It's none of your business whether I even HAVE a watch, and if I tell you I don't, you would have to search me to prove it. But you know this; you're just being disingenuous.

      Why would he not take 2 seconds to hold up his receipt?

      Uh, because he was in a hurry? Just because he's not required to? Because he doesn't fucking feel like it? These are all legitimate reasons.

      Since the first is FAR more likely (except in this case) they suspected him of shoplifting. They had reasonable cause to suspect him and to try and detain him.

      You can repeat this as many times as you like, but you're still wrong. They had no legitimate cause to suspect him. For crying out loud, they just ACCEPTED PAYMENT from him! He's under no obligation to prove anything after that. In your world, paying customers are just as suspicious as shoplifters.

      Note that they never actually TOUCHED him, so their attempts at detaining him were perfectly legal.

      All that means is that they didn't assault him. It doesn't mean they were right to detain him.

    68. Re:wrong? by pnewhook · · Score: 1

      Ohio code states that they have the right to detain upon "probable cause."

      Running out of a store into a waiting vehicle and refusing to stop INSIDE the store when asked I'd argue is probable cause.

      You can repeat this as many times as you like, but you're still wrong. They had no legitimate cause to suspect him. For crying out loud, they just ACCEPTED PAYMENT from him!

      And the guy at the door has no way of knowing that unless he looks at the receipt. He can't possibly be expected to look at and memorize everyone in the checkout, plus the large numbers of people bypassing the checkout because they didn't buy anything. Yes, he just bought something and it is not unreasonable to ask to see the receipt.

      Obviosly you have your opinion and I have mine. As you state it comes down to probable cause which I beleive they had due to him acting like an asshole, and you believe they dont'. There's obviosly no convincing you so stop wasting my tme.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    69. Re:wrong? by Anonymous Coward · · Score: 0

      As you state it comes down to probable cause which I beleive they had due to him acting like an asshole, and you believe they dont'.

      There's no law against being an asshole. If there were, both the manager and the security guard could have been charged.

      There's obviosly no convincing you so stop wasting my tme.

      Gladly, as long as you admit that a) you have no reason to assert that he was "running" to the car, b) he was under no legal obligation to show a receipt, and c) a demand to see something you are carrying on you, backed by force, is a search.

      You were right about the Fourth Amendment, let's see if you can admit when you're wrong.

    70. Re:wrong? by Scudsucker · · Score: 1
      Show me the law that says they cannot stop you and ask for a recept!!

      Show me the law that says owning property allows you to do whatever you want with anyone on your property.

      Again show me the law that says a storeowner cannot demand to see the store receipt.

      Here's the Ohio state law on shoplifting:

      2935.041 Detention, arrest of shoplifters; protection of library, museum and archival institution property.

      (A) A merchant, or his employee or agent, who has probable cause to believe that items offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in division (C) of this section, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.
      Refusing a search is not probable cause. Never has been, never will be. Here's info on shopkeepers privilege, longstanding common law on what merchants can do with suspected shoplifters. Note the section where it says that merchants do not have the power to search customers. Or you can look at shoplifting or loss prevention policies.

      Finally, you can suck on this nice little bullshit sandwich you've insisted on making. Suck it long, suck it hard, you little ankle grabbing bitch.
    71. Re:wrong? by teasea · · Score: 1

      Thank you for playing. You are absolutely wrong. They can claim the right to search. They can put up signs saying they have a right to search. They still have no legal right to search. Private property does not nullify one's rights. Where on earth did you get that silly idea?

    72. Re:wrong? by pnewhook · · Score: 1

      Jesus, how fucking stupid are you? Does it come naturally or do you have to wrk at it?

      Here's the Ohio state law on shoplifting:

      Yes, I've read it. It says that the merchant can detain with PROBALE CAUSE. Some guy leaving the store refusing to prove he paid for merchandise and getting into a waiting car at the entrance in my opinion IS probable cause.

      Refusing a search is not probable cause. Never has been, never will be.

      The basis of the case law you point out is all about the fouth amendment. The Fourth amendment does not apply to private persons, only government law enforcement.

      Here's info on shopkeepers privilege, longstanding common law on what merchants can do with suspected shoplifters. Note the section where it says that merchants do not have the power to search customers. Or you can look at shoplifting or loss prevention policies.

      Simply asking to see a receipt is NOT A SEARCH. Look up the legal definition of search if you can read you moron. If they insist on rummaging through the bag, then yes that could be a search, but in this case the suspect refused the volountary search so it ended there. The merchant BROKE NO LAW ON SEARCH.

      You didn't seem to read to the end of the section on shopkeepers privelege in Wikipedia did you? First it says "a shopkeeper is allowed to detain a suspected shoplifter on store property for a reasonable period of time, so long as he has cause to believe that the person detained in fact committed, or attempted to commit, theft of store property". In my opionion they had probable cause to suspect he was stealing something. Second "The common law shopkeeper's privilege has been superseded in most states by so-called shoplifting statutes that allow merchants, their employees and agents to detain suspected shoplifters for investigation, recovering merchandise, or summoning the police".

      Finally, you can suck on this nice little bullshit sandwich you've insisted on making. Suck it long, suck it hard, you little ankle grabbing bitch.

      Are you angry and hostile because of your diminutive stature or your incredibly small penis?

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    73. Re:wrong? by pnewhook · · Score: 1

      There's no law against being an asshole. If there were, both the manager and the security guard could have been charged.

      Why? They were just doing their job as described and dictated by store policy. That attitude is just like these criminals who hate cops for arresting them. Blame everyone else for your troubles but yourself.

      In my opinion the security guard had probable cause to suspect shoplifting due to the guy refusing to show his receipt then leaving and getting into a waiting car near the door. If somewone WAS shoplifting, they would have exhibited the same behaviour, therefore the suspicion was warranted.

      Gladly, as long as you admit that a) you have no reason to assert that he was "running" to the car, b) he was under no legal obligation to show a receipt, and c) a demand to see something you are carrying on you, backed by force, is a search.

      a) No he was not running - my mistake, but he did not stop when the security guard asked him to either.

      b) When did I state that he legally had to show his receipt?? I said it was resonable to ASK to show his receipt. Given that he knew the store policy, he refused to show it when asked and his subsequent behaviour, this gave the merchant probable cause to suspect shoplifting and try and detain him. Thats ALL I said.

      c) Again you are putting words in my mouth. What I said was asking to see a receipt is not a search. They were asking for a voluntary search which he refused. No search therefore was performed. If he did just hold up his receipt, then no that is not a search. Often this is just to place a mark on the receipt to show the merchandise has been checked for purposes of warranty returns. If they went through his bags, then yes that is a search.

      Look up the legal definition of search. It is not a search if (for example) a cop pulls you over and he looks over the inside and outside of your car while talking to you. A visual inspection is not considered a search - even though is it apparent it is backed by force (he's a police office with a sidearm). Similarly asking to SEE the receipt is not a search.

      You were right about the Fourth Amendment, let's see if you can admit when you're wrong.

      Do you not find it embarrasing that a Canadian knows more about your rights and laws than you do?

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    74. Re:wrong? by msromike · · Score: 1

      Yes you are wrong. You don't know jack about Wal-Mart obviously. Get a clue and come back when you aren't so ignorant. There is no question about their hiring practices. They hire people at the going rate and provide benefits to anyone that is willing to cost share with the company. I don't want to subsidize Mom and Pop stores if they are not competitive. If you do, then go there and pay more money for a smaller selection of goods. That has nothing to do with the Wal-Mart business model of providing good quality products at the lowest prices. Wal-Mart already knows if their prices are too high or too low you moron. They go shopping everyday at their competitors stores so they can ALWAYS have the lowest price. If they are going to squeeze anyone it will be their suppliers. Of course they then pass the savings on to the consumer so that the consumer will buy more, thus the company makes a larger profit. We should pay farmers not to farm. We should pay businesses that are not profitable to stay in business. We should buy insurance for people that don't think they need it and refuse to buy it for themselves. Liberal imbecile. Take your political agenda elsewhere, like to Europe. Next thing you'll be saying is that oil companies aren't trying to make as much possible money as they can for their shareholders. Brush up on why America has been such a succesful nation and then take your drivel elsewhere. Wal-Mart is as American as it gets.

    75. Re:wrong? by PingPongBoy · · Score: 1

      than for the city to actually admit it screwed up

      Actually, many police departments will settle to the tune of tens of thousands than to let matters go to court. The thing to do is not make a big fuss and just let the lawyers go to work.

      --
      Know your pads. One time pad: good for cryptography. Two timing pad: where to take your mistress.
    76. Re:wrong? by Scudsucker · · Score: 1

      Yes, I've read it. It says that the merchant can detain with PROBALE CAUSE. Some guy leaving the store refusing to prove he paid for merchandise and getting into a waiting car at the entrance in my opinion IS probable cause.

      NO IT IS NOT PROBABLE CAUSE YOU FUCKING SHITHEAD. Otherwise you have NO right to be free from searches. Cop asks you if they can search you. You say yes, you can't complain about it later because you gave consent. You say no and that's probable cause? Just how stupid are you, really?

      Simply asking to see a receipt is NOT A SEARCH.

      Of course it is, moron. The receipt at this point is your property. Demanding to see your receipt at that point is no different from demanding to see your Social Security card in your wallet.

      You didn't seem to read to the end of the section on shopkeepers privelege in Wikipedia did you? First it says "a shopkeeper is allowed to detain a suspected shoplifter on store property for a reasonable period of time, so long as he has cause to believe that the person detained in fact committed, or attempted to commit, theft of store property".

      I guess unbelievable stupidity and illiteracy go hand in hand. I went ahead and bolded the stuff you copied but obviously failed to read. For the merchants to suspect you of shoplifting, they have to observe you actually trying to shoplift. Putting stuff in your pockets. Going through a self checkout and obviously not scanning the 37" TV in your cart.

      Second "The common law shopkeeper's privilege has been superseded in most states by so-called shoplifting statutes that allow merchants, their employees and agents to detain suspected shoplifters for investigation, recovering merchandise, or summoning the police".

      Which require them to observe you trying to shoplift. We've backed this up with logic and links and you have only been able to respond with your steadfast determination to bend over and grab your ankles. Put up or shut up, fucknut. Show some proof that merchants can treat refusal to show receipt as probable cause. Or FOAD.

    77. Re:wrong? by thealsir · · Score: 1

      Um, because you're on private property, and it's still their property until you leave private property. Also, advance agreement. Silly ideas, indeed. Why don't you walk into a mosque and proclaim Islam Satan? By your logic, it's exercising the same right.

      --
      Do not downmod posts "overrated" simply because you disagree with them.
    78. Re:wrong? by Anonymous Coward · · Score: 0

      Simply asking to see a receipt is NOT A SEARCH.
      Of course it is, moron. The receipt at this point is your property. Demanding to see your receipt at that point is no different from demanding to see your Social Security card in your wallet.

      He's right, as long as you are free to say 'no' when they ask.

      If they say "show us what's in your bag or we'll prosecute you," that's effectively the same as forcibly searching the bag.

    79. Re:wrong? by pnewhook · · Score: 1

      NO IT IS NOT PROBABLE CAUSE YOU FUCKING SHITHEAD.

      Really? What if he ran out of the store? Is that then suspicious enough to be probable cause? What if he ran out with bulges under his trenchcoat yelling "You'll never catch me fuckers!" is that then probable cause or do you still insist on they actually have to see him shoplift? Both running and talking are not illegal or against store policy the last time I looked.

      Cop asks you if they can search you. You say yes, you can't complain about it later because you gave consent. You say no and that's probable cause?

      The cops actions are not in question here, only the store security guard. The cop in the story did a search that was voluntary. If he refused that search he would have been protected by the fourth amendment. The fourth amendment does not apply to the store security guard who, incidentally, DID NOT SEARCH HIM.

      Simply asking to see a receipt is NOT A SEARCH.

      Of course it is, moron. The receipt at this point is your property. Demanding to see your receipt at that point is no different from demanding to see your Social Security card in your wallet.

      Really? So I walk up to you on the street. I ask to see the newspaper you're holding. You say no and keep walking. Apparently according to you I've just searched you and violated your rights. Give me a break. The only search that was performed was by the cop at the end and that was consentual. There was no search performed by store staff.

      For the merchants to suspect you of shoplifting, they have to observe you actually trying to shoplift. Putting stuff in your pockets.

      Let's say thats true. A woman walks into a grocery store (this actually happened) hides a turkey under her dress and walks out pretending she's pregnant. Noone saw her put the turkey under her skirt, but the staff saw her walk in not pregnant and walk out pregnant. Since she was so obviously hiding something, they stop her and accuse her of shoplifting. According to you again, since they didn't actually see her put the turkey under her skirt, the did an illegal search and confinement and should have all been shot for violating her god given right to walk around with a turkey under her skirt. You're such an idiot.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    80. Re:wrong? by teasea · · Score: 1

      Why don't you walk into a mosque and proclaim Islam Satan?

      Yes. If that mosque is in the United States, I do have that right. What is your point? On private property you may kill me if you don't like something I say? I believe the only thing they have a right to do is ask me to leave. Please explain why you think they may do more than this within the confines of US law.

    81. Re:wrong? by Scudsucker · · Score: 1

      Really? What if he ran out of the store? Is that then suspicious enough to be probable cause?

      Nope.

      What if he ran out with bulges under his trenchcoat yelling "You'll never catch me fuckers!"

      Straw man.

      The cops actions are not in question here, only the store security guard.

      Changes nothing. If you have no right to refuse a search then you have no right to be free from unreasonable searches and seizures.

      So I walk up to you on the street. I ask to see the newspaper you're holding. You say no and keep walking. Apparently according to you I've just searched you and violated your rights. Give me a break. The only search that was performed was by the cop at the end and that was consentual. There was no search performed by store staff.

      OMFG just how fucking stupid are you? If I said no you can't look at my newspaper and keep walking, you didn't just look through it. And the reason we are hearing about this guy is because the store illegally demanded to search his bag. Did your mom feed you a steady diet of bull shit when you were a baby?

      A woman walks into a grocery store (this actually happened) hides a turkey under her dress and walks out pretending she's pregnant. Noone saw her put the turkey under her skirt, but the staff saw her walk in not pregnant and walk out pregnant. Since she was so obviously hiding something, they stop her and accuse her of shoplifting. According to you again, since they didn't actually see her put the turkey under her skirt, the did an illegal search and confinement and should have all been shot for violating her god given right to walk around with a turkey under her skirt. You're such an idiot.

      Straw man.

      Again: provide evidence that merchants have the authority to stop you and search your reciept and the contents of your bag when they have no suspicion that you are a shoplifter. Or just admit that you are the biggest shithead this world has ever produced, and castrate yourself with a rusty pair of scissors to protect the gene pool.

    82. Re:wrong? by pnewhook · · Score: 1

      Your counter arguments are moronic, offtopic and completely misinformed. You have no idea what your real rights are, just what you believe they are. You are not listening to what I am saying and ignore arguments you have no response to so obviously there is no point in continuing this discussion.

      And let me guess... While you believe you have no right to ask someone a question who is on your property, you probably are one of those gun nuts that believes that you have the right to blow them away without any cause or provocation. Gee, THAT makes sense.

      Based on your communication skills and the sheer idiocy of your arguments, you must be a Republican. Its the only way to explain youre childish ignorance of the world.

      You are a complete an utter moron. Go troll someone else.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
  2. One question... by faloi · · Score: 1, Insightful

    Where's the ACLU when you need 'em? I would think a case like this would be right up their alley. I know it's not as "hot" as some of the stuff they've been trying to keep to lately, but c'mon.

    --
    "It is a miracle that curiosity survives formal education." -Albert Einstein
    1. Re:One question... by Anonymous Coward · · Score: 2, Insightful

      so they can let criminals go free.

      The city already let the first set of criminals go free, all they're doing is asking for equal treatment.

    2. Re:One question... by eli+pabst · · Score: 0

      Where's the ACLU when you need 'em? I would think a case like this would be right up their alley. I know it's not as "hot" as some of the stuff they've been trying to keep to lately, but c'mon.
      Busy writing amicus curiae briefs for hypocrite ex-Sen Larry Craig so that "the man" doesn't infringe on his right to peak into stalls in the airport mens room. Apparently that gets sexier headlines than looking out for the rights of the average joe.
    3. Re:One question... by Duffy13 · · Score: 2, Insightful

      Separate incidents (by almost 5 months), one of which did not end with a 6 on 1 beating until the victim was unconscious.

      --
      "Now you know, and knowing is half the battle!"
    4. Re:One question... by Anonymous Coward · · Score: 0, Insightful

      Hanging a noose in a tree, while despicable, is not a crime. However, assault is a crime. Unequal incidents, unequal treatment. It's really that simple. This is just another case of the Justice Brothers Jackson and Sharpton trolling America for opportunities to be in front of a camera. Why doesn't Sharpton apologize for the Tawana Brawley incident, or to the Duke lacrosse team?

    5. Re:One question... by mi · · Score: 2, Funny

      hypocrite ex-Sen Larry Craig

      What's "hypocrite" about Larry Craig? Did he ask the undercover officer to (same-sex) marry him?

      --
      In Soviet Washington the swamp drains you.
    6. Re:One question... by Anonymous Coward · · Score: 4, Insightful

      It's somewhat humorous, and rather sad, that whenever your sort wants to attack the ACLU without exposing your own authoritarian leanings... all you can do is criticize them for not doing enough.

      Looking through your other posts, you're obviously no friend of civil liberties. A cursory glance shows you arguing in favor trial-free detention of non-Americans. Why your thinly veiled propaganda gets modded up is a mystery to me.

      "I know it's not as "hot" as some of the stuff they've been trying to keep to lately, but c'mon."

      What a piss-poor attempt at slander. You try to pass off things like the right to a trial, or the right not to be tortured, as "hot" issues -- as if they're not serious. What else can be said?

    7. Re:One question... by nuzak · · Score: 1

      They're defending Sen. Craig, not exactly a card-carrying member.

      Knowing that people like you who aren't just pathetic trolls and actually think this way make me feel good about the hundred bucks I send the ACLU every year. Because all you most likely do is bitch about the people who are at least trying to do something to keep us from being disappeared on the president's whim.

      --
      Done with slashdot, done with nerds, getting a life.
    8. Re:One question... by Anonymous Coward · · Score: 0

      I thought they were busy saying it's ok to solicit sex in a public restroom.

    9. Re:One question... by Ucklak · · Score: 0, Flamebait

      My guess is that he wasn't black, mexican, or jew enough.

      --
      if you steal from one source, that is plagiarism, if you steal from many, well, that's just research.
    10. Re:One question... by dougmc · · Score: 1

      They're defending Sen. Craig, not exactly a card-carrying member. I don't think the ACLU only defends people who carry membership cards.


      In any event, while Senator Craig seems to be quite the hypocrite, I'd say the ACLU's support of him is appropriate and in tune with their stated mission. And all they've done so far that I'm aware of is send a letter, which doesn't cost much.

      The ACLU probably would have been interested in this case if they were contacted (I don't know if they were or not), but they have to pick their battles -- they tend to go for ones that have far-reaching implications, and I don't know if this one qualifies.

      In any event, I find it to be a good thing that the ACLU will assist even those whom have already been tried and found guilty by the court of public opinion, and it's one of several reasons why I send them money too.

    11. Re:One question... by Anonymous Coward · · Score: 1, Insightful

      What's "hypocrite" about Larry Craig? Did he ask the undercover officer to (same-sex) marry him?

      Regardless of whether or not not supporting homosexual marriage is the same as being against homosexuality, his tough-on-crime stance and votes have been major players in what got him into this arrest, as well as against his uphill battle to reverse his guilty plea (the same faced by many, many other people who may be innocent but plea bargained rather than facing a court case with a questionable outcome).

    12. Re:One question... by Anonymous Coward · · Score: 0

      Last time I checked, "Idaho Family Values" didn't include gay sex in a restroom stall. http://www.google.com/search?q=craig+values+romney

    13. Re:One question... by CheshireCatCO · · Score: 1

      Ya know, if you guys are going to argue about this, how about getting more than just the superficial facts of the case. (That is, reading beyond the TV News's abbreviated coverage.) I admit to not following this case closely until just recently, but I knew there was more than just nooses and then a single beating: http://www.npr.org/templates/story/story.php?storyId=12353776

      There's a reason people are upset about the treatment of the assailants relative to the way the white kids apparently got treated.

    14. Re:One question... by NeutronCowboy · · Score: 1

      I see you failed history, psychology, social studies, civil studies, basic reading comprehension and typing stuff into google. Nice.

      The nooses were hung on Sept 1. The fight occurred on Dec 4th. That's three months. The events are definitely related. Unless you want to argue that reminding black people of race-based hangings in the area is supposed to be a peace offering. The problem wasn't the beating either - it was the sentence for attempted 2nd degree murder, as well as the charge of shotgun theft when defending themselves against someone pointing a shotgun them (another totally unrelated incident, I'm sure).

      Honestly, all I can say is - get the fuck out of my country. I hear Russia is again looking for bigots like you.

      --
      Those who can, do. Those who can't, sue.
    15. Re:One question... by Anonymous Coward · · Score: 0

      What the fuck are you talking about?

      The first incident you refer to was just a catalyst, tensions increased after that. Basically the white kid who got his ass beat had it coming, he was involved with the beating of a black student a few days prior. Read before you run your mouth.

    16. Re:One question... by Mr.+Slippery · · Score: 2, Informative

      The nooses were hung on Sept 1. The fight occurred on Dec 4th. That's three months. The events are definitely related.

      The events are only related if the guy who got beat down was involved in hanging the nooses, and I'm unaware of any allegations that he did. Collective guilt doesn't wash; something somebody else did three months ago is no excuse for a violent attack on someone today.

      None of the statements taken by the DA said that the assault was caused by the nooses. It bears many hallmarks of an after-the-fact justification.

      The guys hanging the nooses were assholes, and their behavior should not be tolerated by the school. Three day in-school suspension, with no public statement by the school, may well have been much too light. But calling trying to get the FBI involved, is amazing overreaction.

      A six-on-one aggravated assault goes far beyond mere assholery; it is a serious crime, and if convicted those involved should be dealt with accordingly. It's wrong to portray the assailants in this case as some sort of innocents.

      However, the charge of "attempted murder" is clearly trumped up. In Mychal Bell's case, time served plus probation is probably plenty.

      as well as the charge of shotgun theft when defending themselves against someone pointing a shotgun them (another totally unrelated incident, I'm sure).

      Again, was the victim of this beating involved in that incident? Then yes, it is a totally unrelated incident.

      Grabbing a shotgun from someone threatening you is a justified act of self-defense, regardless of how much melanin anyone involved has in their skin, or what sort of discrimination they or they ancestors have undergone.

      A six-on-one beatdown is a serious crime of violence, regardless of how much melanin anyone involved has in their skin, or what sort of discrimination they or they ancestors have undergone.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    17. Re:One question... by Anonymous Coward · · Score: 0

      Seriously mods, why is this flamebait?

    18. Re:One question... by Khaed · · Score: 3, Insightful

      Psst -- the former incidents do not excuse a 6 on 1 beating. The guy was not the one who put up the nooses, nor did he point a gun at anyone. The guy who pointed the gun, as far as I can tell, was not even a student at the school. It should also be noted that one of the six had prior arrests for violent crimes, BEFORE Sept 1.

      So really, we have three incidents:

      Racist(s) put nooses on tree.

      Idiot Racist points gun at people.

      Six thugs beat up one guy, and at least one has a history.

      Then they try and justify their beating of someone UNINVOLVED in the previous two (by all evidence) because of the previous two.

      If six white kids beat up a black kid, people would call it a hate crime -- ESPECIALLY if there was some anti-white "prank" at school three months before. It would be presented as "White kids, angered by anti-white display, beat unrelated black kid."

      Instead, it's "Their poor feelings were hurt, so these six black kids ganged up on some random white kid, and that's okay, because there was some racism three months before!"

    19. Re:One question... by DavidTC · · Score: 1

      Craig didn't just oppose 'gay marriage', he's specifically condemned gay people for being gay. It's the Democrats (And admittedly a few Republicans) who says 'I don't want there to be gay marriage, not that there's anything wrong with being gay'. If one of them was outed as gay, that's not that hypocritical unless they want to get married.

      Craig, OTOH, is a 'Gay people are all degenerate immorals and we shouldn't be encouraging them by letting them marry' -type Republican. He's opposed to gay marriage as part of being opposed to homosexuality in general. Not all Republicans, not even all of them opposed to gay marriage, are like that, but Craig is.

      But, of course, this is moot because he's Not Gay(TM). I mean, he keeps saying that, it must be true. He just like to have sex with men, which is completely unrelated to homosexuality he's repeatedly condemned. Those people choose to call themselves gay, whereas he chooses to not call himself gay. See, it is a choice whether or not someone is gay.(1)

      At some point the American people are going to realize that a good many Republicans are professional projectors. Not the things that display movies, people who run around projecting their wants and desires on others.

      1) Which brings up an interesting solution to this whole 'gay marriage' thing. Let's just call them 'marriages', without the word 'gay', that would solve the entire issue. Or even 'not gay marriages' just to make sure. (Misc-sex marriage? No-sex marriage? No, wait.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    20. Re:One question... by NeutronCowboy · · Score: 1

      A six-on-one beatdown is a serious crime of violence, regardless of how much melanin anyone involved has in their skin, or what sort of discrimination they or they ancestors have undergone.

      Agree completely.

      However, dismissing the noose hangings and the beatings as unrelated is being a little too tied to a causal relationship. The people who hung the nooses on the school tree clearly escalated racial tensions to a new level. The school administrators then escalated the issue further when they decided to go easy on the white kids who hung the nooses. And no one managed to de-escalate it after this.

      Yes, you're right. There's no causal relationship between these two events. However, they are linked together through the history of racism that is quite apparent in the town. De-linking those two will not allow you to actually get to the root cause of the beating.... in order to actually prevent further incidents like these, you need to address the racism in Jena. I'm sure it didn't start with the nooses, and there are plenty of issues on both sides of the fence. But you have to look at the beating as part of a larger context, or you'll be doomed to repeat the same events again and again.
      --
      Those who can, do. Those who can't, sue.
    21. Re:One question... by The+One+and+Only · · Score: 1

      If the entire situation was reversed, culminating in six white people beating a black person unconscious, you would be the first crying out for them to be tried for hate crimes. No, sir, you are the bigot here.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    22. Re:One question... by The+One+and+Only · · Score: 1

      However, they are linked together through the history of racism that is quite apparent in the town. De-linking those two will not allow you to actually get to the root cause of the beating.... in order to actually prevent further incidents like these, you need to address the racism in Jena.

      Mutual racism, apparently.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    23. Re:One question... by mi · · Score: 1

      Craig, OTOH, is a 'Gay people are all degenerate immorals and we shouldn't be encouraging them by letting them marry' -type Republican.

      Could you post a link to a quote or two? Not, where somebody is paraphrasing him, but the actual quotes?

      Thanks!

      --
      In Soviet Washington the swamp drains you.
    24. Re:One question... by Anonymous Coward · · Score: 0

      reasonable people are not justifying the beating. rather, they are questioning the attempted murder charges and the trying of these minors as adults.

      this is especially annoying to some when whites perform a hate crime and don't get charged with it.

      the concept that whites get let off and blacks get extra harsh punishments is an ongoing theme in this country that has many people ticked off.

      having said that, i can't feel too sorry for the kind of people who kick others in the head. nor do i feel sorry for noose hangers.

      even so, i can see why some people are a bit upset - and many aren't being unreasonable. it is pretty clear the white guys got the kid glove treatment while the african americans got the book thrown at them. their crime was worse, of course, so the punishment should be worse. but they could've thrown the book at the noose gang, relatively speaking, and they chose the kid gloves.

    25. Re:One question... by eli+pabst · · Score: 1

      What's "hypocrite" about Larry Craig? Did he ask the undercover officer to (same-sex) marry him?
      Please, the guy pushes family values and "preserving the sanctity of marriage" crap while at the same time trolling men's rooms for dudes to bang. Which part is not hypocritical in your mind, the family values or sanctity of marriage part? It's been a few years since I got married, but I don't remember any of my marriage vows including a loophole for gay sex in the men's room.
    26. Re:One question... by Anonymous Coward · · Score: 0

      For a community (yeah, that's a good one) of about 3,000, the unrelated incidents starting with black students sitting under a so-called "white tree" (can you say "white water fountains, bathrooms, entrances, etc.) are seen as RELATED to those who feel they on the wrong end of the stick. I read about these incidents in Jena a couple of months ago. Talking about a "6 on 1" beating, make sure you include the beating a single black kid, who was invited to an all-white party, received from his hosts. Nothing happened to those who assaulted that kid. As for the "shot gun self defense" happening, dig a little and wonder how it was that the person, who took the shot gun away from his assailant, was charged with possesion of a deadly weapon. I feel bad for the guy who was knocked "unconscious", acoording to some accounts he wasn't an innocent bystander nor alone, at least he was able to attend a party after the altercation. When the black students and their families began to question the situation, the students were given a "talking to" from the DA who was quoted as saying "I can ruin your lives with the stroke of a pen." And you tell me "the incidents are unrelated"....not from where I'm standing.

    27. Re:One question... by The+One+and+Only · · Score: 1

      Letting six violent criminals go, based upon the color of their skin, simply because they live in a community where other injustices have gone unpunished is absurd. Is the racial prejudice the Jena Six have been subjected to perhaps a mitigating factor that should influence their sentencing? Maybe. Does it make them innocent? No. The Jena Six are racist thugs and they deserve to be prosecuted to the extent of the Ku Klux Klan.

      --
      In Repressive Burma, it's not just your connection that dies. slashdot.org/comments.pl?sid=314547&cid=20819199
    28. Re:One question... by RiffRafff · · Score: 1

      The jury was all white. Did you know that? Do you know WHY it was all white? According to the news this morning, it was because NONE of the black folks called for jury duty BOTHERED to show up.

      I think that's telling, too.

      --
      "I might have made a tactical error in not going to a physician for 20 years." -- Warren Zevon
    29. Re:One question... by Anonymous Coward · · Score: 0

      The ACLU regularly defends free-speech rights of even white supremacists. To claim they only support the rights of minorities is not only flamebait; it's a barefaced lie.

    30. Re:One question... by Anonymous Coward · · Score: 0

      Didn't say let them go. The victim in the "6 on 1" beating isn't an innocent, either.

    31. Re:One question... by Khaed · · Score: 1

      There are people in this thread who keep citing the noose hanging as though it justifies what happened.

      this is especially annoying to some when whites perform a hate crime and don't get charged with it.

      What about the Murder of Channon Christian and Christopher Newsom? Rape, torture, murder and desecrating the bodies -- sounds like a hate crime to me... yet those involved said "there's no evidence it's a hate crime."

      The truth is, "hate crime" is such a hard concept to explain. How do we know it's a hate crime? I mean, what about the above case is less hateful than a few nooses in a tree?

      There is no evidence the one who was beat down was involved in hanging the nooses. Even if he was, that does not justify what happened. but look at this thread, and this discussion. Related incidents or not, there is no justification for a six on one beatdown.

      Sorry, but hanging nooses in a tree is barely above the level of a prank. Suspend them from school, end of story.

      The charges of "attempted murder" got reduced greatly -- the book was thrown, but it was intercepted before hitting them.

    32. Re:One question... by Anonymous Coward · · Score: 0

      You are grossly misrepresenting the incident at the party. The guy was NOT invited and refused to leave.

    33. Re:One question... by Lord+Kano · · Score: 1

      The ACLU isn't interested because actually defending someon'e rights won't piss anyone off.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    34. Re:One question... by mi · · Score: 1

      Craig, OTOH, is a 'Gay people are all degenerate immorals and we shouldn't be encouraging them by letting them marry' -type Republican.

      Uh-oh, after waiting for the entire weekend for a response from you regarding evidence of Craig ever saying anything like the above, I must conclude, you weren't able to find anything. In fact, a number of people responded confirming this much — but not you.

      Most regretfully, you found no grace to post your own retraction...

      So, I hereby ask you, DavidTC, how you want your crow cooked? Rare, medium, or well done?

      He just like to have sex with men

      And you know this from?.. An undercover policeman? Wow, how trusting of the Executive Branch has Slashdot become!

      --
      In Soviet Washington the swamp drains you.
    35. Re:One question... by mi · · Score: 1

      while at the same time trolling men's rooms for dudes to bang.

      Sure, an undercover policeman said so — must be true...

      It's been a few years since I got married, but I don't remember any of my marriage vows including a loophole for gay sex in the men's room.

      First of all, let's dispense with the homosexuality aspect of the allegations — contrary to some heated follow-ups, Craig was never observed gay-bashing.

      Second, everybody agrees, that "family values" are a good thing. A number of Democrats have made it part of their platform too.

      As for the general marriage vows, not to discourage you, but 50% of marriages end with divorce these days. Some marriages, where one (or both) spouse cheats survive, so the amount of the strict vows-violations is even higher than 50%.

      Singling out Republican lawmakers as "hypocrites" over such (alleged) infidelities is simply wrong... Depending on the state of your own marriage (assuming, it is your first one) a few years from now, it may also become hypocritical of you to do so (not that I would wish that to anyone).

      Going back to homosexualtiy, guess who owns GodHatesFags.com?

      --
      In Soviet Washington the swamp drains you.
    36. Re:One question... by eli+pabst · · Score: 1

      Nice handwaving. Saying one thing while doing the opposite == hypocrite. You objected to my use of the word hypocrite. He clearly is a hypocrite. Pointing out that other politicians and married individuals have the potential to be hypocrites is completely irrelevant.

    37. Re:One question... by mi · · Score: 1

      Saying one thing while doing the opposite == hypocrite.

      Uhm, no. This must the root of your error. Here is the definition:

      hypocrite, dissembler, dissimulator, phony, phoney, pretender -- (a person who professes beliefs and opinions that he or she does not hold in order to conceal his or her real feelings or motives)

      I find it not only probable, but very likely, that Craig firmly believes in the family values and the marriage vows. Had he ever really strayed, he must be hating himself for it. This happens to all (the majority of married people make for a perfectly relevant example) of us, and does not make us hipocrite.

      --
      In Soviet Washington the swamp drains you.
    38. Re:One question... by eli+pabst · · Score: 1
      I give you Merriam Webster:

      1 : a person who puts on a false appearance of virtue or religion 2 : a person who acts in contradiction to his or her stated beliefs or feelings

      He stated that he believes strongly in family values. His actions were in contradiction to his stated values. Therefore he is by definition a hypocrite. Btw, you're making yourself look foolish at this point.
  3. Can you imagine... by FlyByPC · · Score: 5, Funny

    ...can you imagine fifty people a day,I said fifty people a day walking in to Circuit City, buying something, and refusing to show ID? My friends, they may think it's a movement.

    --
    Paleotechnologist and connoisseur of pretty shiny things.
    1. Re:Can you imagine... by SydShamino · · Score: 4, Funny

      Fifty people a day walking into Circuit City and buying something and the shareholders would wet their pants with glee.

      --
      It doesn't hurt to be nice.
    2. Re:Can you imagine... by TheGratefulNet · · Score: 2, Informative

      nice Alice ref ;)

      I never - never ever - show my receipt to the door nazis (they really are called that!) at frys, CC, BB, etc. I keep on walking and never have I been stopped. I look the other way, I ignore them - they ask 'for my papers' and I keep walking. never an issue.

      you HAVE the right to just leave and ignore the pimply teenagers at the door. they're a joke and have no real authority.

      just keep walking. it works. (and its almost fun, in a way).

      --

      --
      "It is now safe to switch off your computer."
    3. Re:Can you imagine... by zenyu · · Score: 1

      can you imagine fifty people a day,I said fifty people a day walking in to Circuit City, buying something, and refusing to show ID?

      Um, I never show ID at Circuit City nor do they ask for it and CC doesn't have receipt checkers in NYC either. If a few people in stand up for thier rights in a particular store, CC and others will back down immediately in that store. The millions of dollars in revenue are worth more to them than that sweet feeling of undeserved power your employees get from being pricks to your customers.

    4. Re:Can you imagine... by TheRaven64 · · Score: 1

      Don't refuse to show ID. Walk back into the store, and demand an immediate refund for whatever you just purchased (you do have the right to get a refund on any unopened goods with no explanation in your jurisdiction, right?). For bonus points, buy something really expensive and immediately return it.

      --
      I am TheRaven on Soylent News
    5. Re:Can you imagine... by computational+super · · Score: 0, Troll

      Thanks a lot, jerk. You're the reason I have to stand around for fifteen minutes waiting for one of the few employees in the store to open up the glass case where they have to keep everything since you make any other means of preventing shoplifting impossible. I hope you get run over by a cement truck after you save the two seconds it would have taken you to let the guy see the damned receipt.

      --
      Proud neuron in the Slashdot hivemind since 2002.
    6. Re:Can you imagine... by Bud+Dickman · · Score: 2, Informative
      Most losses that retail outlets incur come as the result of theft committed by employees - not customers. Why is it that you believe receipt checkers are effective against shoplifting?

    7. Re:Can you imagine... by c · · Score: 1
      It's possible to buy something and still make for unhappy shareholders.
      1. only buy sale items, preferably loss-leaders
      2. ignore rebate items
      3. refuse extended warrantees
      4. (optional) puke on the Vista shelf
      5. return items the next day

      c.
      --
      Log in or piss off.
    8. Re:Can you imagine... by aenea · · Score: 1

      Yes, most losses are employee related. And most receipt checkers aren't looking for shoplifted mechandise. They are looking to make sure that your buddy, the employee, didn't charge you for a pack of gum when you brought the DVD player up to his cash register.

      I walk right past them, too. A store's inventory control is not my responsibility.

    9. Re:Can you imagine... by Attila+Dimedici · · Score: 1

      Most losses that retail outlets incur come as the result of theft committed by employees - not customers. Why is it that you believe receipt checkers are effective against shoplifting?

      Actually that is not true. I used to work as a retail manager. The companies always spouted that based on a survey. The last one I worked for hired a new head of Corporate Security shortly after I started there. He stated that the survey was flawed. It was based on the amount that people who had been caught stealing from a company admitted to having stolen. When employees are caught, they generally admit to having stolen previously, outside shoplifters usually don't.
      --
      The truth is that all men having power ought to be mistrusted. James Madison
    10. Re:Can you imagine... by TheGratefulNet · · Score: 1

      Most losses that retail outlets incur come as the result of theft committed by employees - not customers.

      this is held to be true.

      and so it IS an insult that customers have to re-prove their innocence at 'checkpoints'.

      this is FUCKING INSULTING to show receipts when there are dozens of black-dome cameras above us. there is a 30 second walk from the cash registers in frys (for example) to the door. HEAVILY monitored by cameras.

      tell me, again, WHY its necessary for me to show a receipt to re-prove I'm not a bad guy?

      that's insulting. and so I never show receipts.

      people - stop being sheep! please. really, I'm begging you to start acting like men and stop acting like you always must 'do as you're told'.

      --

      --
      "It is now safe to switch off your computer."
    11. Re:Can you imagine... by Bud+Dickman · · Score: 1
      Obviously I didn't cite anything to prove my side but, as you admit, it's a widely held belief that employees cause more loss than customers. In order to prove that widely held belief incorrect you're going to have to do a little better than say some head of corporate security for some unnamed company said it was wrong.

      Logically, I don't see any reason why an employee is more likely to admit to previous theft than a customer.

    12. Re:Can you imagine... by cez · · Score: 1

      ohhhh... I gotcha! Then you know exactly where it is for next time, and can go back the next day to steal it!

      --
      Walk with Music;
    13. Re:Can you imagine... by Lord+Ender · · Score: 1

      The store also has the right to ban you from returning.

      Personally, I don't mind having my bag checked, because it means I don't have to worry about losing shopping privileges at my favorite stores.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    14. Re:Can you imagine... by TheGratefulNet · · Score: 1

      Personally, I don't mind having my bag checked, because it means I don't have to worry about losing shopping privileges at my favorite stores.

      don't make me quote Ben Franklin on you.

      you know the quote I would have used:

      "trading some ben franklins for store goods should [b]not[/b] mean you also have to trade your liberty for some perceived anti-crime measures"

      ok, so I took some liberties in that quote (LOL)....

      --

      --
      "It is now safe to switch off your computer."
    15. Re:Can you imagine... by Kingrames · · Score: 1

      Please tell me you didn't vote for "Group W"...

      --
      If you can read this, I forgot to post anonymously.
    16. Re:Can you imagine... by Lord+Ender · · Score: 1

      Hyperbole much? Agreeing to have your bag searched has nothing to do with civil liberties.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    17. Re:Can you imagine... by Kingrames · · Score: 1

      "The store also has the right to ban you from returning."

      Which IS disputable in court as it could be a violation of civil rights.
      Numerous businesses have had to answer for refusing to sell anything to African Americans... ...because of 2 reasons:
      1) It's wrong
      2) It costs them a lot of money in lost sales and ends up crippling them economically, leading to all sorts of bad stuff, like a large national brand swooping in, changing the store policies, and making a fortune.

      Isn't traditional economics grand?

      --
      If you can read this, I forgot to post anonymously.
    18. Re:Can you imagine... by TheGratefulNet · · Score: 1

      Agreeing to have your bag searched has nothing to do with civil liberties.

      doesn't it?

      when I buy something, the ownership changes from the store to myself. the receipt is also my property.

      are you telling me that EVERYONE is a suspect simply because they dare purchase goods in a store and the store can't keep a hat on its own theiving employees?

      the size of the 'matter' is not the issue. nor is the inconvenience. example: decades ago blacks had to ride the back of the bus. not an imposition, right? its not really COSTING them anything and why make waves, right? its NO BIG DEAL, right? just do as you are told and sit at the back of the bus. it creates less problems. right?

      RIGHT?

      the fact that you can't see this makes me sick. and I worry our country is continuing to be doomed, year by year, by complacency of our youth ;( as long as they can buy their nintendo games, they're FINE with any liberty violations anyone asks of them.

      sigh ;(

      --

      --
      "It is now safe to switch off your computer."
    19. Re:Can you imagine... by apt142 · · Score: 1

      Personally, I don't mind having my bag checked, because it means I don't have to worry about losing shopping privileges at my favorite stores.

      Personally, my favorite stores receive my shopping privileges with them because they never check my bag.
    20. Re:Can you imagine... by RESPAWN · · Score: 1

      Actually, I used to shop at a Wal-Mart in the New Orleans metro area (pre-Katrina) that had a wheelchair bound man checking receipts. Not to sound like a callous jerk, but is a wheelchair bound man going to come after me? No.

      In any respect, I will generally only stop in a couple of situations, none of which I am certain of the legality:
      1) If I know that the store refuses to process returns on a receipt that has not been checked (highlighted) and I think I may want to return the item, I will acquiesce
      2) If I am proceeding through the doorway and the security alarm rings, I will acquiesce

      Regarding point 1), it would most certainly be trivial for me to note which color highlighter the door nazi is using and mark the receipt myself at home. But I don't due to the fact that I don't know the legality of the practice of only accepting returns on marked receipts. Should I attempt to return something at such a store, I do not want to give them any reason to believe that I may have committed fraud -- even if I don't believe in their policy. That said, the only stores around here which mark receipts are Sam's and I don't shop there anyway. (Sam's also brings about the question of what exactly is in the contract that you sign to become a member. Maybe the marked receipt clause is in their contract...)

      Regarding point 2) I am not sure of my legal rights in such a situation. The alarm ringing off is essentially a tacit accusation that I am stealing before I actually leave the store's premesis which, from what I've been told, is not reason enough to process shoplifting charges on a person. That said, there may also be legal allowances for electronic theft protection methods which I am not sure of.

      Regarding the accusation of shoplifting, I have not worked in retail in 6 years, but the following are the conditions that, in my state at least, constitute legal shoplifting:
      1) An employee must observe the concealment of the merchandise. If we did not observe the concealment and/or it was not observed on camera, then we cannot assert that the customer stole the merchandise from our store. I have been informed that some states do count the sole act of concealment as an act of shoplifting, but I was told this did not apply in our state.
      2) The customer MUST leave the store premesis before we could make any accusations of shoplifting. We cannot accuse the customer of shoplifting before they exit the store because until they actually exit the store with unpaid merchandise, the act of shoplifting has not occured. The customer can still make a claim that they intended to pay for the merchandise. This is a possible reason that, according to some people, concealment is enough to press shoplifting charges.

      Anyway, on at least one occasion I did stop and query one of the door workers at the aforementioned Wal-Mart (not the wheelchair bound one because I do have some compassion left in me) as to whether or not he was accusing me of stealing. It became quickly apparent that he was plainly ignorant of the law regarding customers and that he also hated having to do it, but simply did it because he was ordered to. From that point on, I would make a show of displaying my receipt for that particular gentleman and he would make a show of actually looking at it. I truly felt sorry for that guy for being stuck doing a crappy job for a crappy company. As for the other guys that worked there, fuck 'em.

      Mostly, though, I just choose not to spend my money at stores with door nazis.

      --

      If Murphy's Law can go wrong, it will.

    21. Re:Can you imagine... by Lord+Ender · · Score: 1, Troll

      Wow. Now you are comparing it to Jim Crow. Just wow.

      If I own a shop, you don't have any fundamental human rights to shop there. If I only allow people to shop in my store on the condition that they allow me to check their bags, we are both within our rights to accept or refuse those conditions.

      The fact that you can't see this really worries me. Mutually-agreed upon business arrangements that have nothing to do with discrimination based on race, religion, gender, sexuality, etc. are not civil rights issues. They are private contract issues.

      What's your next comparison? Saying that bars with dress codes are similar to Nazi Germany?

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    22. Re:Can you imagine... by Lord+Ender · · Score: 1

      You are wrong and are confusing two completely separate issues.

      Stores can ban you from entrance for anything they want EXCEPT race, gender, religion, etc.. Whether you agree to a bag search or not is a personal choice, your race is not a personal choice. There is a huge difference.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    23. Re:Can you imagine... by Anonymous Coward · · Score: 0

      Fifty people a day walking into Circuit City and buying something and the shareholders would wet their pants with glee. I think you mean "wet their pants with pee".
    24. Re:Can you imagine... by DavidTC · · Score: 2, Insightful

      It is to prove that employees are honest. Employees can't just walk out of the front door of a store with goods, and, trust me, the back is usually tightly locked up, someone goes out back there and they set off alarms.

      Employee theft mainly happens by employees not ringing things up. You show up at the register with a PS3 and three games, and your drinking buddy, who runs the register, doesn't scan the PS3.

      I'm not saying anything about the legality of them checking the register, but it's not to stop the absurd idea of you trying to shoplift somehow via the shopping bag. It's to make sure that if you have eight items in your bag, you have eight items on your receipt, and the cashier didn't 'forget' to scan one of them.

      However, there are plenty of non-invasive ways to do the same check. They almost always have cameras pointed at the register. If they're missing some PS3s, they just need to pull up the camera on the PS3s, wait until one of them disappears, and then see when it shows up at the register. And then pull up that transaction and see if there's a PS3 on it.

      See, the joke is they don't need to catch the people in real time. It's their employees who are doing the stealing, and they can have the police there ready to arrest them when they show up for work.

      The guy who walked out with the thing is completely unimportant. Give the video to the police when you turn the employee in, they'll quickly locate the co-conspirator and charge him.

      But the problem is that my method would actually take some modest skill, whereas someone standing at the door takes no skill at all. They don't even have to check the receipt actually, they just have to pretend to do so and the plan will be foiled when first conceived.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    25. Re:Can you imagine... by Anonymous Coward · · Score: 0

      It's just a way to try to catch shoplifters. Why does it get your undies in such a bunch? I can think of lots of things I'd rather do with $7500 than pay lawyers because I was a self centered jackass.

    26. Re:Can you imagine... by FlyByPC · · Score: 1

      Please tell me you didn't vote for "Group W"... Nah. I just got stuck there like everyone else, vote or no...
      --
      Paleotechnologist and connoisseur of pretty shiny things.
    27. Re:Can you imagine... by TheGratefulNet · · Score: 1

      1) If I know that the store refuses to process returns on a receipt that has not been checked (highlighted)

      is that even legal? there is NOTHING in the retail laws (ianal) that state that lack of a 'marker mark' is reason for denying 'warranty of merchantability'.

      I NEVER EVER let my receipts get marked. I've returned my share of things and never had a problem. I would raise an issue (quite publicly, too) if I was denied ability to return goods due to a marker mark on your receipt!

      who told you that? are you sure that's actually a real requirement or maybe just a scare tactic? stores say all kinds of things - many of which are simply not true.

      --

      --
      "It is now safe to switch off your computer."
    28. Re:Can you imagine... by TheGratefulNet · · Score: 1

      Personally, my favorite stores receive my shopping privileges with them because they never check my bag.

      case in point, bay area 'microcenter' vs 'frys'. frys has the door nazis. microcenter does NOT. guess which gets my business and most of the people that I know?

      now, for a short time, MC tried the doornazi shit - but quickly gave up on that idea. their better, more intelligent, less confrontational approach was to keep the registers close enough to the doors so that you don't HAVE to insult the customers on their way out.

      just configure your stores properly and you don't HAVE to have this issue.

      --

      --
      "It is now safe to switch off your computer."
    29. Re:Can you imagine... by TheGratefulNet · · Score: 1

      your post should be modded up. you have some very insightful ideas (seriously).

      if there is a way to keep the cashier theft down and NOT make it seem like its a 'customer frisk-down' that would be best.

      but the frisk-down does really annoy me. its NOT MY PROBLEM that the store and its cashier's have historical problems of trust. making it MY problem inconveniences me and for some of us, it clearly does insult us. we DO object to having our person searched. yes, its invasive and its only the next step up from bag searching.

      this annoys many of us. I think it should. if it does not annoy you, you should be asking YOURSELF why, not us.

      --

      --
      "It is now safe to switch off your computer."
    30. Re:Can you imagine... by DavidTC · · Score: 2, Funny

      If you want to have some fun, don't phrase it as outrage at the store's policy.

      Phrase it like they have the right to search your bags. Don't dispute that in the slightest, agree that if you are leaving with stuff you just bought, they have the right to look in your bag. You fully understand all that.

      However, you can't agree to let them look in the bag, so the only solution is for them to return your money and you return the stuff. Whereupon they can look in the bag all they want, as you will return it with the other stuff.

      No harm, no foul. You didn't realize that was store policy, but now that you do, you will only come back when you are mentally prepared to let other people look in bags you own.

      It'd be pretty funny to watch them react to that.

      Why? It's easy for someone to justify himself to his management when someone is saying 'I want a refund because this store's searching sucks!'. It's a lot harder when they're saying 'Well, I guess I'm going to have to get a refund because this store won't let me leave with my stuff, which is obviously entirely legal and justified.'.

      Alternately, when they ask you, pull another bag out of your pocket (They compress very small.), put all the stuff from the bag they gave you into your bag, and then hand them your bag and tell them that not only can they look in it, they can keep it, as a gift from you.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    31. Re:Can you imagine... by Anonymous Coward · · Score: 0

      Thanks a lot, jerk. You're the reason I have to constantly be asked by the employee at the front of in the store to show my receipt, and then have to ignore them when they pester me to show it even though I'm not obligated to do a thing for them, and occasionally dodge the idiot when they get in my way and attempt to illegally detain me, and sometimes use my middle finger to tell them what I think of their pushiness. I hope you get run over by a cement truck after you encourage merchants to try to violate my civil rights by attempting to force me to let them see the damned receipt.

      Fucktard.

    32. Re:Can you imagine... by Kingrames · · Score: 1

      Notice I said they "have had to answer" for it. This implies consequences for their actions which are not necessarily law-related in nature.

      --
      If you can read this, I forgot to post anonymously.
    33. Re:Can you imagine... by evilad · · Score: 1

      So you really don't get the "gradual erosion" problem?

      What if there's only one grocery store in town and they refuse to let you eat unless you reveal the contents of your bag, pockets, wallet, hard drive? Is it a constructive violation of your privacy *then*?

    34. Re:Can you imagine... by WNight · · Score: 1

      If you run a shop you may demand to search me before I enter. And again at any point, to continue shopping. But that's just by threatening to take away my permission to be on your property. If I refuse all you can do is demand that I leave.

      You're just hoping that I find shopping with you valuable enough to put up with it.

      Once I choose to leave, you lose all power over me. The law doesn't allow you to do random searches, or even to detain me outside of very specific citizen's arrest procedures for very specific offenses. By default you're committing assault and unlawful imprisonment, kidnapping, depending on how you handle it. You're shielded from prosecution in very specific cases, but that's far from you having "rights" to do these things.

      Circuit City is simply not in a good position. They want to search customers, but the only thing they have to threaten is to kick the customer out - a place the customer is already going.

      And not, simply having a sign saying that people will be searched isn't good enough.

    35. Re:Can you imagine... by unitron · · Score: 1

      You're the reason I have to stand around for fifteen minutes waiting for one of the few employees in the store to open up the glass case where they have to keep everything...

      I'm pretty sure the reason for all the glass cases is the people who sneak unpaid for merchandise out the door under their coats without ever involving the cashier or getting a bag with the store's name on it. The guy who gets his buddy to ring up a pack of gum instead of the PS3 he's actually taking isn't being deterred by the glass case.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    36. Re:Can you imagine... by DavidTC · · Score: 1

      Oh, it annoy me, I was just explaining it. I didn't understand what the hell they were doing either until the first time this story was here.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    37. Re:Can you imagine... by RESPAWN · · Score: 1

      It was a friend who worked at Sam's Club, actually. That's a case where it could very well be in the contract that you sign when you become a member at Sam's. Not ever having paid for a membership there, I couldn't tell you for sure, though. I would most definitely make a big stink if it happened to me though. That said, it's not a policy that I'm going to purposely test unless I know the law behind it. I have reason to need to "keep my nose clean" and it's not worth the potential of police involvement if I am in the wrong. I will stand behind anybody else who would want to challenge the legality of that policy, though. It's certainly a policy that I don't agree with and I wish somebody would challenge it and let the rest of us know about it.

      --

      If Murphy's Law can go wrong, it will.

  4. Well they did silence you... by garcia · · Score: 5, Insightful

    In the days that followed a few things changed. First, I learned that the prosecutor was more interested in protecting the city against a civil law suit than she was in silencing my speech.

    And by doing so she effectively did silence you and the Brooklyn, OH police department and city will not have a blemish on their record because one of their officers acted like an uninformed dick.

    It's an unfortunate situation where you still have to pay out when you are completely in the right.

    1. Re:Well they did silence you... by hackstraw · · Score: 1, Interesting

      It's an unfortunate situation where you still have to pay out when you are completely in the right.

      So true. I heard the other day where someone on welfare and her 6 year old kid accumilated something like $20k in lawyer costs from an RIAA suit. Some info here. http://www.afterdawn.com/news/archive/6873.cfm here http://www.eff.org/deeplinks/archives/005294.php

      I think she is like computer illeterate and whatnot, and the RIAA admitted that "oops, we meant to go after this person, or bad, sorry" and she has accumilated like 10s of thousands of debt to fight this.

      Other countries have a better system where if the initiator of a lawsuit was completely wrong, then they have to pay or something like that. I think that is a better system. Because otherwise its advantagous for a lawyer just to blindly sue whenever they feel like it, and they get paid win or lose.

    2. Re:Well they did silence you... by avirrey · · Score: 1

      Although he won't publicly admit it, I'm sure that Officer Arroyo knows he made a mistake. For the record, I do not believe that Officer Arroyo is a bad person, and other than my arrest I have no reason to believe that he is a bad police officer. I think that Officer Arroyo was embarrassed and insulted when I refused to obey his unlawful command, and I think that he was not familiar enough with Ohio State law.

      While normally I'll argue that unless an officer is a former lawyer, it is damn near impossible for an officer to know the application of every law. I do fault Officer Arroyo for not knowing the 'stop and identify' procedure, which is almost as common knowledge as the miranda text. I will stick with Michael's judgement on this, and not call Officer Arroyo a dick... I will although request he retake his basic training.
      --
      X's and O's for all my foes.

    3. Re:Well they did silence you... by sqlrob · · Score: 5, Insightful

      If "Ignorance of the law is no excuse" is valid when prosecuting, then the police damn well should know every one on the books.

    4. Re:Well they did silence you... by mikelieman · · Score: 1

      And he's out 10 grand in legal fees...

      Hey, is there a civil action pending against Circuit City?

      --
      Technology -- No Place For Wimps! Grateful Dead and Jerry Garcia Chatroom -- http://www.wemissjerry.org
    5. Re:Well they did silence you... by Anonymous Coward · · Score: 1, Interesting

      Other countries have a better system where if the initiator of a lawsuit was completely wrong, then they have to pay or something like that. I think that is a better system. Because otherwise its advantagous for a lawyer just to blindly sue whenever they feel like it, and they get paid win or lose.
      Ever consider suing a large corporation? It's daunting. They have teams of lawyers who make more money from opening your letter than you or I make in a day's hard work, and they will grind your case into the ground.

      Now imagine if, not only do you have to pay your own lawyer for a case you'll probably lose, but you have to pay their team of $500/hour lawyers if you lose.

      Such a system can be good but it has to be set up very carefully to avoid bankrupting people who seek true justice.
    6. Re:Well they did silence you... by Fallingcow · · Score: 5, Insightful

      Precisely.

      It's my responsibility to know what I can't do.

      Therefore it is the police's responsibility to know what they can't fucking arrest me for, and the cop's ass should be on the line if they get it wrong. Mine certainly is if I fail in my duty, since the result is a cop arresting me, probably knocking me around a bit in the process, and backing their authority with deadly force. That's hardly trivial, so misapplication of this kind of force should be severely punished. Fine the fuckers, and fire them then throw their asses in jail if they do it repeatedly.

    7. Re:Well they did silence you... by aminorex · · Score: 1

      > acted like an uninformed dick

      I'd say he acted like an uninformed but generally good-natured cop. I guess "dick" can mean detective, so there's some ambiguity about your intent. While it's pretty clear that the cop was personally offended (and that too easily) and definitely uninformed about the law he was supposedly enforcing, he didn't do any of the very evil and nasty things that cops all too often do. Grading on a curve, for his peer group, I'd give him a good solid B.

      --
      -I like my women like I like my tea: green-
    8. Re:Well they did silence you... by aminorex · · Score: 1

      It is typical, in the U.S., for a victorious civil defendant to receive court costs and attorney fees.

      --
      -I like my women like I like my tea: green-
    9. Re:Well they did silence you... by Wavicle · · Score: 1

      And by doing so she effectively did silence you and the Brooklyn, OH police department and city will not have a blemish on their record because one of their officers acted like an uninformed dick.

      Yes. I really have a problem calling any part of this a "partial" victory. All he did was limit his losses.

      Seems like he had an open-and-shut case. If what he says is true, he could have demanded a speedy bench trial and had the judge toss the case because the state statute supercedes the local one. He would not have had to call any family members to the stand if the case could be decided as a matter of law before the judge. It seems that even a free public defender could have handled this one. After that, the city's leverage would have been gone. He might also have a case for malicious prosecution, since they were using the prosecution of the case to leverage him to sign a deal.

      I think the only reason for calling it a "victory" is to make the people who donated to his legal defense think they got something. In fact, they got absolutely nothing.

      --
      Education is a better safeguard of liberty than a standing army.
      Edward Everett (1794 - 1865)
    10. Re:Well they did silence you... by Atzanteol · · Score: 1

      You know those people who say you should write the way you talk? They're lying...

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    11. Re:Well they did silence you... by goldspider · · Score: 1

      Took the words right out of my mouth.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    12. Re:Well they did silence you... by nomadic · · Score: 1

      Because otherwise its advantagous for a lawyer just to blindly sue whenever they feel like it, and they get paid win or lose.

      Unless the person doesn't have the money, in which case the lawyer can't really do much. If you're a single mom on welfare and you have a $10,000 judgment against you, there's not much you have to do. They can garnish your paycheck, but they're limited on how much they can garnish it for, so if you're pulling in $12,000 a year they're not really going to get anything.

    13. Re:Well they did silence you... by Scudsucker · · Score: 2, Insightful

      While normally I'll argue that unless an officer is a former lawyer, it is damn near impossible for an officer to know the application of every law.

      This isn't about some obscure legal code, it's about when he can and cannot ask for ID. Since that pertains to his job just a little bit, he deserves no slack whatsoever.

    14. Re:Well they did silence you... by Scudsucker · · Score: 1

      Other countries have a better system where if the initiator of a lawsuit was completely wrong, then they have to pay or something like that. I think that is a better system.

      You can do that in the U.S., it's just not automatic. If the oppositions case is bogus, you can ask for attorneys fees, like what some people do with the RIAA suits and the ESA does in suits against states with violent video game bans.

    15. Re:Well they did silence you... by Scudsucker · · Score: 1

      Whoops, hit submit instead of preview. I was also going to add that this is a good way to recoup attorneys fees on frivolous cases, without having to worry about paying for your lawyer plus a team of $500/hour lawyers, as the AC pointed out below, if your case has merit but the preponderance of the evidence goes against you.

    16. Re:Well they did silence you... by hawk · · Score: 1

      Err, no, it isn't. Costs, yes; fees, no. There are some particular rules under which it happens, however, which vary from state to state.

      If the US isn't the only Common Law jurisdiction in which this it the case, it is one of very few.

      The purported reason is that it would discourage the little guy from suing the big guy.

      hawk

    17. Re:Well they did silence you... by RealGrouchy · · Score: 1

      It's an unfortunate situation where you still have to pay out when you are completely in the right. The alternative is paying the cost of dragging his family into the legal battle.

      He's essentially saying "look, family, you're worth more to me than the $7500 I spent on legal fees for this."

      That's just as honourable in my opinion as his initial actions.

      - RG>
      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
  5. This guy is an idiot by Anonymous Coward · · Score: 0, Insightful

    Really, this guy needs to learn to pick his battles. $7500 because he didn't want to show ID to a cop. Well, I hope it was worth it. I'm sure his poor wife doesn't think so, but she's probably too afraid of getting punched in the face to say anything to him about it. Being a cop and dealing with the garbage of society every day is hard enough without people like this guy going out of his way to be a jerk.

    1. Re:This guy is an idiot by TheGratefulNet · · Score: 1

      well, sometimes the cops ARE the, as you put it, 'garbage of society'.

      sorry if that offends you, but cops and the whole LE racket stopped existing to 'protect and serve' decades ago ;(

      they're now their own power-force and one that intends to keep growing in power. read up on the 'dont taser me, bro!' news story if you doubt the police state we now live in.

      --

      --
      "It is now safe to switch off your computer."
    2. Re:This guy is an idiot by 91degrees · · Score: 4, Insightful

      He didn't show the cop his ID. That's not being a jerk. He agreed to a search when he had no obligation to do so. He gave his name. He just decided to draw the line at providing his driving licence when he wasn't driving. The cop was asking way too much.

    3. Re:This guy is an idiot by TheGratefulNet · · Score: 4, Insightful

      we now call freedom fighters 'idoits'?

      the guy had balls to stand up for WHAT IS RIGHT and you criticize him for doing what is right over a few dollars (that won't matter in a couple of years)?

      when we put money and personal comfort up against all other Rights of society, we are phucked, truly.

      I'm proud of that guy. I would call him 'friend' if I knew him.

      --

      --
      "It is now safe to switch off your computer."
    4. Re:This guy is an idiot by Anonymous Coward · · Score: 0

      And you'd throw away a barrel because it has a couple of bad apples.

      Sorry, for the most part, the police do improve society. There are cases like you say, but they are not the rule, nor are they the majority. If they were, the US would be a lot worse place than it already is.

    5. Re:This guy is an idiot by Anonymous Coward · · Score: 0

      The guy is an idiot
      dealing with the garbage of society...

      You sound a bit bitter. And as far as picking his battles...not everything worthwhile can be measured in dollars.

    6. Re:This guy is an idiot by geekoid · · Score: 1

      Yeah, because all the police are in one big power conspiracy. Jack ass.

      Here is a clue: When asked to leave, leave. When the police show up and ask you to leave, leave. Don't resist arrest.
      Please, do not give me some example that is way off in left field. Yes, there is a time for social disobedience, this was not it, nor was this the way to do it.

      There is a reason the best forms of social disobedience is public and involve people just sitting and needing to be physical dragged away, without fighting.

      I don't know if campus police at this university are university employees or not.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    7. Re:This guy is an idiot by walt-sjc · · Score: 1

      read up on the 'dont taser me, bro!' news story if you doubt the police state we now live in.

      Oh please, that kid was a dick who was asking to get tasered by his behavior and actions. It only seems outrageous when you look at it on the surface. When you look into the background / detailed information, he had it coming. Hell, if I was there, I would have volunteered to taser the a-hole myself! That's not saying that the police handled the situation well (the entire incident was handled poorly IMHO,) but this is NOT a case of "police state" behavior. In fact, the there is a fair amount of evidence indicating that he PLANNED for that confrontation as a stunt.

      The CC case is COMPLETELY different and has no similarities to the taser case AT ALL.

    8. Re:This guy is an idiot by Cornflake917 · · Score: 1, Informative

      He isn't a freedom fighter. In fact, he lost one of his own freedoms in the process. Now if the same incident happens again, he can't sue the city.

      Circuit city still asks to see your receipt, and cops still ask for you identification, and still take you to jail when you aren't being cooperative. This guy has done nothing for our freedoms, except reminded us that we have the freedom to start flame wars over unimportant stories like this.

    9. Re:This guy is an idiot by Volante3192 · · Score: 1

      I noticed you posted as an AC. The guy in the article gave his name, which (along with address and DOB) is all he was required to give.

      You didn't even give THAT much and you're calling him a jerk?

    10. Re:This guy is an idiot by Jason+Levine · · Score: 4, Insightful

      He isn't a freedom fighter. In fact, he lost one of his own freedoms in the process. Now if the same incident happens again, he can't sue the city.


      Checking the PDF version of the release that he uploaded, it specifically mentions that incident. It also includes some vague "anything before this" text. Likely to make sure all legal loopholes are closed. (For example, if Righi claimed that the officer had verbally threatened him with arrest the previous day.) It doesn't, however, say anything about subsequent incidents. Even if the same officer were to arrest him outside of the same Circuit City under similar circumstances in the future, this agreement wouldn't prevent him from suing the city.
      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    11. Re:This guy is an idiot by nuzak · · Score: 2, Insightful

      > When the police show up and ask you to leave, leave. Don't resist arrest.

      And if he does resist arrest, taser him over and over. Make sure you order him to stand up, at the same time you're leaning on him, especially since the function of tasers is to make your muscles not obey you.

      It's not the jackbooted thugs that bother me so much as their cheerleaders.

      --
      Done with slashdot, done with nerds, getting a life.
    12. Re:This guy is an idiot by ThirdPrize · · Score: 1

      From the article ...

      I've dealt with these scare tactics at other stores in the past including other Circuit Cities, Best Buys and Guitar Centers.

      I bet he has got one of those faces that just cries "Search me".

      --
      I have excellent Karma and I am not afraid to Troll it.
    13. Re:This guy is an idiot by nuzak · · Score: 2

      > Now if the same incident happens again, he can't sue the city.

      He waived his right to sue the city over this particular incident. He most certainly can sue them if it happens again.

      --
      Done with slashdot, done with nerds, getting a life.
    14. Re:This guy is an idiot by TheGratefulNet · · Score: 1

      He isn't a freedom fighter. In fact, he lost one of his own freedoms in the process. Now if the same incident happens again, he can't sue the city.

      the point is, he TRIED and that's more than many of the 'comfy sit at home and don't make waves' quarterbacks..

      its sad that it cost him money. that is not right and our system should be fixed so that the innocent do NOT have to foot the bill for high legal costs. I think the UK got this part right (in general) about being able to recover court/legal costs if you were found 'not guilty'.

      how many of you have spent more than $7k on college? are you sure you got as much out of your life experience as this guy did?

      money and value can be looked at in many ways.

      --

      --
      "It is now safe to switch off your computer."
    15. Re:This guy is an idiot by i7dude · · Score: 1

      freedom fighters fight.

      this man said he would fight, and then settled.

      dude.

    16. Re:This guy is an idiot by GreyPoopon · · Score: 1

      Really, this guy needs to learn to pick his battles. $7500 because he didn't want to show ID to a cop.

      To be honest, I completely agree with his battle over showing his ID to the police officer. Somebody has to fight against abuses of law enforcement. In particular, it's important to fight when there is a specific law (like the one in Ohio) that is designed to protect against such abuses.
       

      However, I'm not sure I fully understand his refusal to stop and show his receipt in the first place. Circuit City is a private place of business. If you enter their store, they can pretty much ask you to do anything that isn't illegal or a direct violation of your civil rights. Before you react negatively to my opinion, however, consider that there is already a mitigating factor in place. If Circuit City asks you to do something ridiculous or irritating, word will get around people will stop patronizing them. Asking to show your receipt doesn't seem to be a violation of civil rights. People that really oppose such practices should just avoid Circuit City altogether. The problem is that shoplifting comes with a cost that all customers have to share in the form of higher prices. Businesses need some way to relieve the financial liabilities associated with shoplifting, and the RF devices are not foolproof. Having someone at least randomly check receipts seems like a reasonable way to cut losses. Many stores use this approach. If somebody has a better idea, I'd love to hear it (as would Circuit City, I'm sure).


      I believe Circuit City made their error in how they approached the situation. It's OK that they followed Michael out of the store to request his receipt, but it's absolutely not OK that they impeded his departure. They should have just contacted the police if they believed he stole something. Likewise, I believe Michael was just being an attention-seeking jerk when he ignored the request to see his receipt. He was inviting confrontation, and I really don't see what he could have hoped to gain by it (other than attention). He had absolutely no consideration for the embarrassment that it would cause his family. If he really disagreed strongly with the practice of checking receipts, then he should just refuse to shop there and encourage others to avoid the place as well.

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    17. Re:This guy is an idiot by Jonboy+X · · Score: 1
      The guy may be an idiot, but it's almost irrelevant. The part that jumped out at me is that he's a prick.

      Sure, he stood up for his freedom, and the freedom of everyone who reads about the incident and realizes that they're not under any obligation to submit to search on the way out of a retail store.

      He also could have picked a time and place for this that wouldn't have scared and hassled his family on Labor Day Weekend, with his whole family in the car, on his sister's birthday!

      Ftom TFA:

      For the labor day weekend my father decided to host a small family reunion. My sister flew in from California and I drove in from Pittsburgh to visit my father, his wife and my little brother and sister. Shortly after arriving we packed the whole family into my father's Buick and headed off to the grocery store to buy some ingredients to make monkeybread. (It's my little sister's birthday today and that was her cute/bizare birthday request.)


      It seems like he might have saved his loved ones a lot of stress if he'd chosen to assert his rights on his own time instead of interrupting the family reunion for it.
      --

      "In a 32-bit world, you're a 2-bit user. You've got your own newsgroup, alt.total.loser." -Weird Al
    18. Re:This guy is an idiot by Anonymous Coward · · Score: 0

      no he did not stand up for his rights. when things got slightly inconvienent for a very rich family he rolled over and played good doggie.

      He is very rich, his family members are very rich as well (despicable of him for claiming to be middle class). his reasons for not pressing are incredibly thin as well.

      His lawyer told the press that, "he admitted guilt and the police did nothing wrong." HIS LAWYER SAID THAT, therefore his blog is leaving out a lot.

      a bored and uppity rich kid decided to push back and then when it got inconvenient he gave up.

      yeah, freedom fighter... If that's our freedom fighters, then we are incredibly doomed.

    19. Re:This guy is an idiot by arkham6 · · Score: 1

      250 years ago he probably would have been called a patriot and minuteman. You know, putting your butt on the line against tyrany? I salute this guy.

      If we had more people like him today we would probably not have things like the DMCA, USA Patriot act, and warentless wiretapping. Standing up for your fundemental rights is a duty of americans.

    20. Re:This guy is an idiot by Anonymous Coward · · Score: 0

      I noticed you posted as an AC. The guy in the article gave his name, which (along with address and DOB) is all he was required to give.

      You didn't even give THAT much and you're calling him a jerk?

      Is that a requirement for posting on /.? If names are so important, Volante3192, what is your real name? What about your address and dob? Come on, dude - cough it up.

      P.S. - I noticed you don't show your email publicly in your user profile either? Why so secretive?
    21. Re:This guy is an idiot by insertwackynamehere · · Score: 1

      Actually, I got my life experience in a public school in Philadelphia for free. College is for getting a degree and a job.

    22. Re:This guy is an idiot by Fulcrum+of+Evil · · Score: 1

      Here is a clue: When asked to leave, leave. When the police show up and ask you to leave, leave. Don't resist arrest.

      Did you read the same story I did? They didn't ask him to leave, they held him illegally.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    23. Re:This guy is an idiot by Fulcrum+of+Evil · · Score: 1

      Sure, they can ask for anything they want to. Doesn't mean they'll get it. CC is a private business - they can ask you to leave or they can hold you for the cops if they see you steal something (and maintain contact as you walk to the entrance).

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    24. Re:This guy is an idiot by Xtravar · · Score: 1

      If he's so serious about protecting rights, there's about 1000 other causes going on right now that actually have meaning that he could of helped out. Everybody helps out where they're able and interested. Not to mention, this opportunity followed him to his car and illegally detained him... it's not like he was window shopping for ways to protect rights.
      --
      Buckle your ROFL belt, we're in for some LOLs.
    25. Re:This guy is an idiot by NeutronCowboy · · Score: 1

      The beauty of a free society is that everyone is free to pursue their interests. You have an idea on how time could be better spent? Congrats - go do it. The other beauty of a free society is that no matter how much we think people are assholes for doing what they're doing, they're free to do it. The reason this is a beauty is that a few people with brilliant ideas can change everyone's approach to something, even if everyone initially resists.

      You think it's better to show people your receipt? Congrats. Go do it. But don't think for a second that that makes you better. All it says is that you're more interested in not making waves than standing up for a (granted, small) infringement on your current rights. Is it better, worse? Honestly, it's not up to me decide that. I don't even care who's the better person. All I care is that someone else is doing the hard stuff so that I can just sit back, take in the results, and decide whether it's worthwhile making the much smaller sacrifice of joining his stand, or whether I should just ignore him.

      He just saved you 10K because you actually don't have to test the theory that it is better to show your receipt than to adhere to the current law. He did that for you. You should thank him for that. Even if you disagree with what he did.

      --
      Those who can, do. Those who can't, sue.
    26. Re:This guy is an idiot by GreyPoopon · · Score: 1

      Sure, they can ask for anything they want to. Doesn't mean they'll get it. CC is a private business - they can ask you to leave or they can hold you for the cops if they see you steal something (and maintain contact as you walk to the entrance).

      That was part of my point. They should have called the police if they thought he stole something. But the other part of my point was questioning why Michael felt he needed to take a stand against the practice of checking receipts. It would have made far more sense to just stop shopping there. For that matter, if he was irritated about being asked for a receipt, he could have returned the merchandise and asked for his money back with the explanation that he will not patronize a store that pre-assumes that he is a shoplifter.


      Instead, he took this pointless stance of ignoring the request and inviting a confrontation. There are perfectly legal ways that Circuit City could have made his life much more miserable than anything he bargained for. They could have taken the license plate of the car he drove off in, and then performed a partial "inventory" to see if anything was missing. If they "discovered" that anything was missing (and bear in mind that there is almost always SOMETHING missing when you check inventory), they could have contacted the police and he would have been a suspect. The police could have taken him into custody and produced search warrants for not only his belongings, but the home and belongings of his family members. All of this is certainly an absurd abuse of law enforcement, but there would have been little or no legal recourse for him. Ultimately, the charges would probably be dropped, or he would be acquitted (due to insufficient evidence), but it would have been unlikely that he could have had the record expunged, and the legal fees involved would have likely been much higher.

      Fortunately for him, Circuit City employees seem to have been equally ignorant.

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    27. Re:This guy is an idiot by Anonymous Coward · · Score: 0

      how many of you have spent more than $7k on college?

      Me

      are you sure you got as much out of your life experience as this guy did?

      Yes

    28. Re:This guy is an idiot by Boogaroo · · Score: 1

      The store picked the time to wrongfully detain him. The police picked the time to ask him for his ID, etc... Exactly when are we supposed to stand up for our rights again? Oh, when it won't inconvenience others. Guess we'll always have to submit to unreasonable law enforcement actions if someone's with us.

    29. Re:This guy is an idiot by shotgunefx · · Score: 1

      I hear you. I mean, he did this all on purpose.
      "Of course I knew what this was about, but I played dumb and pretended that I didn't know what the problem was."

      Is it unreasonable for a store to check your receipt before you leave? I don't think it's that big of a hassle, but if I did have a problem with it, I'd just exercise my freedom to shop somewhere else. It's not like they wanted to strip search him. He bolted to a running car waiting out front of the store which looks pretty shady and I'm willing to bet that was intentional as well.

      --

      -William Shatner can be neither created nor destroyed.
    30. Re:This guy is an idiot by Darby · · Score: 1


      Oh please, that kid was a dick who was asking to get tasered by his behavior and actions.


      Ah so acting in a perfectly legal manner is asking to be tasered? That's your point?!? Wow.

      It only seems outrageous when you look at it on the surface.

      No, he was doing nothing in the least illegal. Therefore to have police taser him for doing nothing wrong is absolutely outrageous criminal behavior.
      The fact that you completely reject the concept of laws and have decided that being tortured by the police is a valid punishment for acting in a perfectly legal manner that you happen to disapprove of proves you to be a fucking monster.

      Let's look at what the inevitable results of going with your blatantly retarded system are:

      I don't apporove of weak willed cowards who think that innocent people should be tased for acting in a way that they disapprove of. Therefore, you *deserve* to be beaten to a bloody pulp and then kicked until you are dead.

      According to you, you are asking for just such treatment and deserve exactly that.

      I'm sure being the person of integrity you delusionaly think you are that you'll happily take your just deserts right?
      If not, shut the fuck up when you don't have clue what the hell you're talking about.

      If you want the protection of the law then he gets it too. That's the only way these things can possibly work. The idiocy of your statement is beyond comprehension.

    31. Re:THIS GUY is AN IDIOT by Jumphard · · Score: 1

      lol ^^ wtf is this guy talking about? I couldn't even focus enough to finish one sentence of his "storey".

    32. Re:This guy is an idiot by paraax · · Score: 1

      Just for the record, he wished to leave. The store manager wouldn't allow him to, physically preventing his vehicle from leaving the store's parking lot. He then called the police. The police arrested him for refusing to show his id. Incidentally Ohio law explicitly states he did not have to show his id.

      He did not resist arrest. He did not become belligerent. No undue force was used by the police during the arrest since it was entirely unnecessary.

    33. Re:This guy is an idiot by Jinjuku · · Score: 0

      I didn't know there was a 'Convenient' time to protect your person from unreasonable search and seizure. You simply amaze with your sheeple attitude. I for one applaud him just like I do Brett Darrow.

      I would have given the manager an option: The only way you can inspect MY stuff, since it is now MY stuff and not YOUR stuff is that you will simply give me my money back and I will shop else where. If you really wanted to see it that bad, you can also put it back on the shelf and stare at it for as long as you like. Or you can let me go on about my business and not consider your customers a criminal.

      Your attitude is why law enforcement feels that they can get away with stuff. I have no doubt that enough people will start refusing this search going out of the store that soon our lawmakers will bow to their corporate masters and make a law to deal with it. So when the police do come, they have more and more gestapo like powers to throw your ass in the can.

  6. As my old mate said... by gowen · · Score: 5, Insightful

    "One more such victory and we will be undone."
    This headline needs rewriting as "Man wins Pyrrhic Victory". $7500 worse off and he didn't even get an apology. Hell, if he'd actually been shoplifting he'd have got a smaller fine than that.

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    1. Re:As my old mate said... by NFN_NLN · · Score: 1

      "This headline needs rewriting as "Man wins Pyrrhic Victory". $7500 worse off and he didn't even get an apology. Hell, if he'd actually been shoplifting he'd have got a smaller fine than that."

      I hadn't even thought of that. What would the fine have been for shoplifting???

    2. Re:As my old mate said... by hattig · · Score: 1

      He's 26 years old and he got the arrest removed from his record for $7500.

      Over the next 10 years that will more than pay for itself when it comes to applying for jobs and so on. Well, except his name will come up in a thousand Google searches ...

      Otherwise, I think he picked the wrong battle to fight, and even so, fought it in the wrong way, probably because he doesn't have the experience.

      In addition we have only his side of the story, and the comments to his story point out discrepancies.

      However ultimately it might have informed a lot of people of their rights. And that their rights are worthless in reality.

    3. Re:As my old mate said... by pla · · Score: 1

      In addition we have only his side of the story, and the comments to his story point out discrepancies.

      In this case, no "other side of the story" exists. If he had actually shoplifted, the city wouldn't have settled.

      Not often, but sometimes, the world really does offer us black-and-white situations. A guy stood up for his rights, got a smack-down for it, and gets to pay $7500 for the honor. And why? Not because the prosecutor considered him in-the-wrong, but admittedly to protect the city from a civil liability suit. you just don't get a more clear-cut abuse of the legal system than that.

    4. Re:As my old mate said... by Anonymous Coward · · Score: 0

      Somebody should fight it. What's the 'right' way?

    5. Re:As my old mate said... by bigpat · · Score: 1

      This headline needs rewriting as "Man wins Pyrrhic Victory". $7500 worse off and he didn't even get an apology. Hell, if he'd actually been shoplifting he'd have got a smaller fine than that. There was absolutely no reason he needed to blow $7500 on lawyers or whatever. That was his choice as much as if he blew that cash in Vegas. This case was pretty cut and dry once you broke down who was right and wrong. The only thing done legally wrong as opposed to just honest bad judgment was the police officer taking him into custody for no good reason. Even the initial arrest, both citizens and police could be justified on suspicion of shoplifting. But the subsequent charge and detainment once it was clear he didn't steal anything was an abuse of authority. He was clearly able to defend himself and there was no reason he needed to blow a lot of money on anything besides travel expenses and time off from work.
    6. Re:As my old mate said... by apt142 · · Score: 1

      I think what he bought was under $300. Disney's "Cars" game for the Wii, Power Squid surge protector. (I assume that's under $300, but we are talking circuit city here.) So, $1,000 + 6 months jail, worst case scenerio. He probably would have gotten far less than that.

      see penalties

    7. Re:As my old mate said... by danpsmith · · Score: 1

      "One more such victory and we will be undone." This headline needs rewriting as "Man wins Pyrrhic Victory". $7500 worse off and he didn't even get an apology. Hell, if he'd actually been shoplifting he'd have got a smaller fine than that.

      Which is why I propose a new method of action to likeminded individuals. If the store asks for your receipt, tell them first off that you didn't agree to any policy of bag inspection upon purchase and were unaware of those policies. Then indicate that they have two options, either they can permit you to leave without inspecting the receipt, or they can inspect the receipt and you will return whatever merchandise you purchased immediately and then subsequently never return again. If enough people did this and then followed through with their ultimatum, that would make a difference.

      --
      Judges and senates have been bought for gold; Esteem and love were never to be sold.
    8. Re:As my old mate said... by Darby · · Score: 1


      Otherwise, I think he picked the wrong battle to fight, and even so, fought it in the wrong way, probably because he doesn't have the experience.


      No, he picked a perfectly fine battle and fought it the right way as far as it went.

      He proved beyond any shadow of a doubt that by merely acting in a perfectly legal manner that he can be arrested and robbed of $10K merely because the cops don't approve of *perfectly legal behavior*.

      That is the point of all this .It's pretty disgusting that you fail to see something so obvious and keep blaming the victim and lauding the criminals.

      That says a lot about you while you've said nothing at all worthwhile about this incident or the innocent person who was jailed and robbed.

      You have proven yourself absolutely to be a pathetic amoral monster. Deal with that before spewing any more of your ignorant idiotic hatred of free people.

    9. Re:As my old mate said... by gknoy · · Score: 1

      Given the complexity of the legal field, I'm pessimistic as to the average person's capability to defend themselves in a case like this. Securing legal counsel sounds like a prudent (if expensive) way to mitigate the potential losses.

    10. Re:As my old mate said... by bigpat · · Score: 1

      Given the complexity of the legal field, I'm pessimistic as to the average person's capability to defend themselves in a case like this. Securing legal counsel sounds like a prudent (if expensive) way to mitigate the potential losses. I think it is very important for people to feel competent when dealing with their own government in a simple matter like this. And given that this person was apparently aware of his own rights and didn't merely stumble into this situation I think it is reasonable to expect him to be able to defend himself in this legal exercise. The law is little more than an exercise in reading comprehension with a little latin or french thrown in to make it sound a little more fancy. People shouldn't be afraid of it any more than they are afraid of their own government. Fear drives people to waste resources, but the fault is not in what caused the fear, but the fear itself.

      Government and the legal profession is to be respected certainly, but if you speak in clear concise sentences even a lawyer can sometimes understand you.

    11. Re:As my old mate said... by hattig · · Score: 1

      You have proven yourself absolutely to be a pathetic amoral monster. Deal with that before spewing any more of your ignorant idiotic hatred of free people.

      I think that is the single most retarded response I have seen related to this story so far. You don't know me or my morals, yet you spew hatred like a religious extremist.

      I blame them all. He wasn't asked anything major, nothing that warranted paying $10k for, and ruining his daughter's birthday. That's common sense, if you argue against that then you are truly beyond redemption. Yes, the store manager should be punished for blocking his way, that's another thing entirely, and yes, the policeman did some unbelievable things that beggar belief, but the original fight was "should I show my receipt and the contents of my bag to the store employee?", and there is no way you can argue that is worth all the hassle he has been through. Especially if there are signs saying that they may do this. That's why I argue that he should just have complied, and never shopped there again.

      Instead he's paid a lot, put a lot of close people through a lot of stress, and for it all he might have managed to remind the police of the law (with no guarantees), and possibly the store as well. He didn't even fight for a better settlement, he settled for the one assigning no blame to the police, WHY?! Was there no middle ground he could barter for - e.g., not suing, plus costs back (because he would win the case)? He caved in completely, it's worse than fighting further, or not getting into the fight in the first place. He's basically arranged a situation where he agrees that it isn't wrong for the police to ask to see your driving license.

      Come and live in a land where people don't have to check your bags before you leave the store because there is still a semblance of society left.

    12. Re:As my old mate said... by AK+Marc · · Score: 1

      There was absolutely no reason he needed to blow $7500 on lawyers or whatever.

      Then you are an idiot. He could be righ and lose because he didn't file the right form at the right time. The system is set up to where a lawyer is required. Yes, they say it isn't required, but it really is. You can turn a sure thing into a loss because you did something small in the wrong way. If you ever face criminal charges and decide you are so right that you can represent yourself, then you have a fool for a client.

    13. Re:As my old mate said... by Thalaric · · Score: 1

      It's too bad he caved, but he did what he had to do. There's no way he could do this alone and his family didn't have the backbone to stand with him. I'm sure they have what they consider very good reasons and were very inconvenienced by the whole ordeal.

      Shame on them anyway for forcing him to make that kind of decision and roll over when he was clearly in the right. Even if they didn't agree with his principled stand they should at least have had the courage to support him in what was important enough for him to be arrested over.

    14. Re:As my old mate said... by asuffield · · Score: 1

      Even the initial arrest, both citizens and police could be justified on suspicion of shoplifting.


      Historically in the US, refusal to show ID, and refusal to perform specific acts that there is no legal requirement for you to perform (such as showing your receipt), have been explicitly ruled by the courts as not being sufficient reason for arrest - in fact, it's not even sufficient reason for search. Refusal to do either of these things cannot be interpreted as reason for anything.

      Nowadays, of course, you pretty much have to show your papers to walk down the street. But they really didn't have legal justification for suspicion of shoplifting, and if it had gone to an unlawful arrest suit, he would most likely have won. The state would just raise taxes to cover the payout and the police would have gone right on arresting people, but at least the police would have been made to look bad for the media.
    15. Re:As my old mate said... by bigpat · · Score: 1

      Historically in the US, refusal to show ID, and refusal to perform specific acts that there is no legal requirement for you to perform (such as showing your receipt), have been explicitly ruled by the courts as not being sufficient reason for arrest - in fact, it's not even sufficient reason for search. Refusal to do either of these things cannot be interpreted as reason for anything. Agreed. But think of it the other way around, if you are trying to show false arrest then you are going to have to show that the police or shopkeeper acted unreasonably. You might also have to show that there was some intent to make a false arrest. The law, courts and juries are going to be more forgiving if the people involved acted in good faith of the law even if they make a mistake. I agree 100% that the cop made a false arrest once he determined that the person had purchased the items. And I agree that his original suspicion was based on incorrect assumptions, but if I were a judge/jury looking at this I would not see anything malicious until the part where the guy was taken into custody just for not complying with the police officers request to see an ID card. Everything up until that point was based on an incorrect assumption that he was a thief and had stolen something. I don't blame the officer for wanting to see a receipt, it was the quickest way to resolve the dispute and I also would be pissed that the guy didn't show it to me. But upon seeing the receipt and confirming that no theft had occurred the cop should have told the shopkeepers not to detain anyone in the future just for not showing a receipt. Instead he just got pissed that the guy wouldn't cooperate and trumped up some charges. That is an abuse of authority.

    16. Re:As my old mate said... by dnormant · · Score: 1

      Reading comprehension? The Arizona Revised Statutes fill a small library.

      I represented myself in a divorce once. Fortunately the judge was patient and my ex was amicable. I still nearly pissed myself in the half hour.

      I think a little fear is normal, healthy and justified when you're trying to defend yourself against someone who has trained their whole life to best YOU in ands argument.

      I'm leaving it to me lawyer.

    17. Re:As my old mate said... by Darby · · Score: 1


      I think that is the single most retarded response I have seen related to this story so far. You don't know me or my morals, yet you spew hatred like a religious extremist.


      But I do know you.
      You're the person who said that an innocent person got what he deserved by being arrested, harassed, and robbed by the state for no reason.None of those facts are in question.
      The only question about the whole situation is that you seem to feel that legally exercising rights is a bad thing that should be punished.

      That's all that I need to know about you to make that above statement of fact about you. You proved it to be true.

      but the original fight was "should I show my receipt and the contents of my bag to the store employee?", and there is no way you can argue that is worth all the hassle he has been through

      Wrong wrong wrong. That is completely insane.
      That fight was over as soon as he decided "no". That issue was dead as soon as he made that decision.
      After that happened, then the store started a completely new fight which they did not, under any circumstances, have the right to do.

      Your insistence on trying to make the situation into one in which he would have some responsibility to comply with such a policy, is where you're failing. That isn't the case, and so your point is completely destroyed.

    18. Re:As my old mate said... by hattig · · Score: 1

      I challenge you to do what he did then. next time you are in a store and they ask to see the contents of your bag, refuse. I take it this is what you do all the time whenever this happens?

      Or go into an airport with harmless electronics sewn onto your clothing holding a lump of clay. I'm sure you'd argue that a person has the right to do that because it is harmless, you're not doing anything wrong. It's still a stupid thing to do.

      You're so uptight about this guy's rights in this case, but he was totally irresponsible to his family and daughter. He didn't think it through at the beginning, although the cop's reaction is beyond belief, but even so, once he was on that path he needed to see it through. Instead he's lost completely. There is no victory for society in what he has done, only for himself in terms of less stress and not having an arrest record. Robbed by the state? As I said, he should have got that money back as part of the early settlement but he capitulated extremely quickly. What was said in that phone call?

      All that society got from this case was that you have rights, but you'd better not enforce them because you'll be fucked in the ass by the cops and government. Maybe it'll be another thing people can add to the list of injustices, and maybe one day they'll come together to fight to get things right again.

      And nothing gives you the right to write what you did about me based upon my viewpoint of the situation. You don't know me at all, and to form an opinion to such an extent from a single post is past ridiculous, it's absolutely ludicrous. Especially when my point isn't what you are twisting it to, but I suspect that you'll never see it any other way, that once your mind is made up you will never change it. The worst sort of person to argue with, like arguing with young earth creationists and scientologists. I'm still fucking insulted by the lies about me that you wrote. You have no people skills, you're as stubborn and idealistic as this man, which is why I want you to go into a Circuit City and do what this man did, and experience first hand why he did what he eventually did.

    19. Re:As my old mate said... by Raenex · · Score: 1

      I challenge you to do what he did then. next time you are in a store and they ask to see the contents of your bag, refuse. Not the original poster, but I certainly will. It's nice to know your rights. Look at how people wait in line to be searched before they leave the store. Insanity. It's nice that somebody like this stands up to show us what are actual rights are, and what bullshit we should absolutely not stand for.

      Or go into an airport with harmless electronics sewn onto your clothing holding a lump of clay. That's a completely different issue. The intent there was to give the appearance of a bomb. This person was just going about his business.

      he was totally irresponsible to his family and daughter It was his sister, not daughter, and what harm was actually done to her? It should be a good civic lesson, if anything, and she should be proud of her brother. How willing are you to compromise yourself so that you don't inconvenience your family?

      All that society got from this case was that you have rights, but you'd better not enforce them because you'll be fucked in the ass by the cops and government. But the next time somebody asserts their rights it will be easier. Precedence is important in these things. It's really too bad he didn't demand a formal apology, but oh well, he certainly fought more than I ever have, and it really is lame to have people like you giving this guy shit.
    20. Re:As my old mate said... by hattig · · Score: 1

      Look at how people wait in line to be searched before they leave the store.

      I would, but I've never seen that happen in the UK. Never. I don't see how such a policy would help either, it clearly would only harrass the innocent law-abiding customers of the store. I'm surprised that they return.

      Instead we have different issues to fight that make this case seem rather unimportant ... I guess our battles are quite different to yours.

      I'm not giving this guy shit, I'm giving them all shit. Indeed I'm mostly giving this guy shit because he gave up, rather that taking it all the way (it's better to not start the situation if you don't eventually take it all the way) - which should have been an easy win given what we have been told. Instead "the police did no wrong". That's a terrible outcome. Can't you see it?

    21. Re:As my old mate said... by Raenex · · Score: 1

      I've never seen that happen in the UK. To be honest, I've never seen it in the US either, I was just going by a comment I read in the original Slashdot story. Note that in the defendant's blog article, he said he was just walking out the door when asked for a receipt, not waiting in line to be searched. I've seen these droids at the door before, but have never been asked for a recepit.

      I don't see how such a policy would help either It probably works like a deterrent, just to raise the bar. At the cost of treating all your customers like a criminal, of course. And maybe in reality it doesn't work at all, who knows.

      Instead we have different issues to fight that make this case seem rather unimportant I believe standing up for the little issues creates an atmosphere where standing up for the bigger issues is easier. It might also serve to wake people up, those same people that might be inclined to wait in line to show their receipt and bag contents. Think globally, act locally.

      Here's a quote from the original blog article:

      "I understand that my day would have gone a lot smoother if I had agreed to let loss prevention inspect my bag. I understand that my day would have gone a lot smoother if I had agreed to hand over my driver's license when asked by Officer Arroyo. However, I am not interested in living my life smoothly. I am interested in living my life on strong principles and standing up for my rights as a consumer, a U.S. citizen and a human being. Allowing stores to inspect our bags at will might seem like a trivial matter, but it creates an atmosphere of obedience which is a dangerous thing. Allowing police officers to see our papers at will might seem like a trivial matter, but it creates a fear-of-authority atmosphere which can be all too easily abused.

      I can reluctantly understand having to show a permit to fish, a permit to drive and a permit to carry a weapon. Having to show a permit to exist is a scary idea which I got a strong taste of today."

      Instead "the police did no wrong". That's a terrible outcome. Can't you see it? That wasn't the outcome. If they did no wrong the charges would not have been dropped. Even in the article where it was mistakenly reported that the defendant agreed to no wrong-doing, it says "Righi maintained police had no right to ask for a driver's license from a person not driving a car, a contention backed up later by legal experts."

      I already stated I wished he had held out for a formal apology, but the government didn't come out squeaky clean, either. And just because this guy didn't hold out doesn't mean our rights are worthless, because other people have held out and won.
  7. Citizen Review Boards by Anonymous Coward · · Score: 5, Insightful

    I think every city/county/state with a reasonable sized police force needs to have citizen review boards with the power to punish/fire officers. It's the ultimate solution.

    It will solve many problems and make cops stop and think before doing something stupid - especially with all the news lately about abuses of power and authority.

    Internal reviews are useless and don't change a thing. If some kind of "policing for police" isn't done soon, it's only going to get much worse.

    1. Re:Citizen Review Boards by ChefInnocent · · Score: 1

      Many cities have gone on to hire an Ombudsman. The role of the ombudsman is to be a liason between the people and the police. In some cities, these seats are "voted" upon. However, some cities, like the city of Boise, will have unscrupulous mayors (e.g. former mayor Brent Cole), who remove the elected official and replace them with puppets. Thus giving no more than a mere appearance of a review, rather than a serious review.

      I'm not sure the people will ever actually get a proper group to review the police actions. Inappropriate shootings, taserings, arrests will continue for some time to come. Police are little more than a group of hoodlums organized against the people and ordained by the government.

      I'm not normally a tin-foil hat type, but my experience has shown the police don't really care about protecting the people. They only care to feed their egos while bullying the average Joe.

    2. Re:Citizen Review Boards by Maximum+Prophet · · Score: 1

      The thing is, cops are not lawyers. Like the common citizens, they can't know all the law. So the best policy is to just arrest everyone, and let the lawyers sort it out.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    3. Re:Citizen Review Boards by Hatta · · Score: 5, Interesting

      Many cities have gone on to hire an Ombudsman.

      My city (Omaha) hired an police auditor. Then when she released a report saying that the police were overly rude to black people at traffic stops, she got fired. It's been almost a year now and we still don't have any public review of the police. It's damn frightening.

      --
      Give me Classic Slashdot or give me death!
    4. Re:Citizen Review Boards by plague3106 · · Score: 0

      Your exactly right, which is why I believe we should abandon the idea of police all together. Everyone should be armed and responsible for defending yourself and your family. Everyone should be trained in guns and self defense.

      The police never stop crimes; sorry, they don't, simply because they can't be everywhere all the time. Nor would we want them to be.

    5. Re:Citizen Review Boards by DaveOnNet · · Score: 1

      I don't think "citizen review boards with the power to punish/fire officers" is the ultimate solution. The problem is that citizens (their "customers") are forced to pay the taxes that fund them, and this removes the critical check on any activity that marks it as "good" - that check is the willingness of others to pay more to have the activity done than it costs to do it. The ultimate solution, I think, would be to run the police station the same way a private company is run: they provide a service to their customers and their customers pay them for that service. But that's the ultimate solution, so it's a very long way off. I don't know how to get there.

      Teaching property rights and individual sovereignty would be a good start.

      --
      Rank comments and posts against each other at We-Rank.com
    6. Re:Citizen Review Boards by Anonymous Coward · · Score: 0

      The police don't stop crimes very often - you're right about that. What they are supposed to do - in theory - is track down those who have committed crimes and bring them to justice. Now I don't have any problem with you wanting to be armed and able to defend your family, but we're still going to need police - unless you're advocating hunting down criminals with vigilante mobs.

    7. Re:Citizen Review Boards by Scudsucker · · Score: 2, Insightful

      Oh, that's pure fucking genius. Do some reading on lynchings in the south where black men who were accused of kissing/whistling white women were killed to see how that bullshit would work out. How many Americans looking vaguely Arabish would have been killed in the fall of 2001? How many kids of Asian descent would have been shot at at Virginia Tech? And on the flip side, if everyone is responsible for their own defense, are the old and disabled going to be told to go fuck themselves?

    8. Re:Citizen Review Boards by bkr1_2k · · Score: 1

      o the best policy is to just arrest everyone, and let the lawyers sort it out.

      How in the hell is that the best policy? I don't expect the cops to know every law, but if you're going to arrest me, you'd better damn well know why and be able to tell me why, before I'm actually arrested.

      --
      "Growing old is inevitable; growing up is optional."
    9. Re:Citizen Review Boards by bkr1_2k · · Score: 1

      The ultimate solution, I think, would be to run the police station the same way a private company is run: they provide a service to their customers and their customers pay them for that service.

      Because private companies never have corrupt employees, right?

      The solution is for people to stand up for their rights, and make very public complaints when their rights are violated. I'm not talking about the smartass complaining that he got tazed when resisting a valid arrest. I'm talking about people who are arrested falsely, when no action on their part made it a reasonable thing to expect. I'm talking about people like the guy in the article not backing down because "someone made a call" that made them rethink their rights are worth more than a little comfort for their family, who were very unlikely to have been truly affected by the situation.

      I'm talking about we, as citizens, backing each other against corrupt, over-reaching policies and practices by businesses and government alike.

      --
      "Growing old is inevitable; growing up is optional."
    10. Re:Citizen Review Boards by plague3106 · · Score: 1

      Do some reading on lynchings in the south where black men who were accused of kissing/whistling white women were killed to see how that bullshit would work out.

      Ahh, you mean were blacks weren't allowed to have guns? Also, you act as if police would stop this now. Please tell me, what's stopping a group of white guys in the country from finding a lone black guy, taking him to a tree and hanging him? You think the police would be able to stop that, or do you think they'd be trying to find evidence at the crime scene?

      How many Americans looking vaguely Arabish would have been killed in the fall of 2001?

      You're speculating.

      How many kids of Asian descent would have been shot at at Virginia Tech?

      Right, because asians as a whole are hated and people would randomly shoot asians because of what one kid did. Again, if someone wanted to murder someone else, it can be done, and the police cannot stop it. They'll find the crime scene, but they won't stop the murder.

      And on the flip side, if everyone is responsible for their own defense, are the old and disabled going to be told to go fuck themselves?

      Do you think or do you just spout out whatever emotional drivel that pops into your head? Being responsible for your own defense doesn't mean you walk by when you see one person attacking another. Get a grip dude.

    11. Re:Citizen Review Boards by plague3106 · · Score: 1

      No, I don't have a problem with an investigation unit that responds after a crime has happened. I have a problem with assholes in blue running around doing what they want, pulling people over because they feel like it, or tasering people excessively.

      Detectives are fine, patrolmen aren't.

    12. Re:Citizen Review Boards by Fulcrum+of+Evil · · Score: 1

      Yeah, well as a cop you should know what you're allowed to demand and not do stupid things like arresting the guy who called you because he was being kidnapped.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  8. Being anal by jshriverWVU · · Score: 1, Troll
    Ok, I can understand wanting to fight for your rights, but come on. This whole thing could have been avoided had he just showed his receipt. He must have a lot of time on his hands if he can pick small fights like this just to make a statement.

    To each their own I guess, but sounds like a waste of time to me and snobbish.

    1. Re:Being anal by Anonymous Coward · · Score: 1, Interesting

      you always lose the battle you don't fight

      apathetic people are allowing these battle to occur in the first place, if everyone fought, victory would be assured

    2. Re:Being anal by Anonymous Coward · · Score: 0
      This whole thing could have been avoided had he just showed his receipt.

      This whole thing can be avoided the next time if you just drop your shorts, grab your ankles and open your sweet bottom to long, slow thrusts from my syphilitic dick.

      You pitiful sheep, you don't have the self respect of a pissant. You deserve whatever the jack-booted bastards throw your way.

      People didn't die in past wars so snot-nosed, bed-wetters like you can turn over to corporate dickbites what we deny to the federal and state governments.

    3. Re:Being anal by berashith · · Score: 2, Insightful

      This was a resistance to a random person walking up to you and asking you to prove that what you are holding is yours. The property was his after the purchase, and the store has zero rights to challenge him. He offered to let them officially charge him and to call the police, or let him go. They did neither. At that point, the store has broken the law and is falsely imprisoning this man. The fact the the police then arrested him for calling them is a huge problem.

      I really hope that there aren't many people like you who think that random searches by other citizens, and false imprisonment is OK. Standing up for your own rights under the law is far from a waste of time. If you do not protect your own freedom, you will not have any.

    4. Re:Being anal by Anonymous Coward · · Score: 0

      The deepest sense of outrage over the smallest infringement by those in power is absolutely necessary to the preservation of liberty.

      Ben Franklin said better over 200 years ago but these are my words.

    5. Re:Being anal by Volante3192 · · Score: 1

      This whole thing could have been avoided had he just showed his receipt.

      But WHY does he need to show his receipt? Answer that. There's no law requiring it, hence you are well within your rights to walk by. I do on MANY occassions and have even been followed out by one being rather curt that he 'had to check my receipt.'

      Only one though, and I've walked by em a couple dozen times. Rather depressing actually, on a personal level.

      Frankly though, they're not law enforcement, there's no law on the books, they have no right to detain me even to check my receipt.

    6. Re:Being anal by CrashPoint · · Score: 1

      Ok, I can understand wanting to fight for your rights, but come on. This whole thing could have been avoided had he just showed his receipt.
      It also could have been avoided if the store manager had refrained from committing a crime.
    7. Re:Being anal by Penguinisto · · Score: 1

      you always lose the battle you don't fight

      apathetic people are allowing these battle to occur in the first place, if everyone fought, victory would be assured

      "For to win one hundred victories in one hundred battles is not the acme of skill. To subdue the enemy without fighting is the acme of skill."
      -Sun Tsu

      /P

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    8. Re:Being anal by Anonymous Coward · · Score: 0

      I hope for your sake that you are joking.

      What if you were arrested tomorrow for swearing (an act that is of equal legality as refusing to produce your driver's license) by some overzealous cop, and gained a criminal record for it? Would you like being called 'snobbish' for trying to show that you hadn't committed a crime?

    9. Re:Being anal by kwandar · · Score: 1

      In Canada, Walmart is about the only place that asks to see receipts (guess they have to have their greeters doing something.

      I've never shown them my receipts and never will, and this case is worth it if only that others know they don't have to. And they SHOULDN'T HAVE TO!!

      This isn't snobbish, it's a protection of our rights.

    10. Re:Being anal by jshriverWVU · · Score: 1

      It might not be "required by law" but it's part of doing business. I understand if I go somewhere I may have to show my receipt when I leave. If this helps them catch thieves and keep prices low then wonderful. I don't mind using up 30 seconds of my life if I can buy gadget X at 10% competitors price. While my initial post was marked as troll, I still stand by my initial meaning. Great that he stood up about the license issue if he feels that is worth it. But it was almost like he was comparing "showing papers" to the police with the USSR and having to show papers to drive to another region, or going from West to East germany. You have to look at it from a different perspective. I'm all for fighting for you rights, but for me personally this wasn't one worth fighting for. He took a simple task, made a statement and then things just stacked on top of each other. Just don't see how people can compare an African-American sitting in the front of a bus making a statement, to some guy who doesnt want to show his receipt before exiting a place of business. Both might have similiar concepts, but are greatly different in their total value of civil disobedience.

    11. Re:Being anal by jshriverWVU · · Score: 1
      No, I completely understand him fighting to clear his name from the unlawful arrest. I just suggested, at least for me personally, the refusing to show receipt concept is a battle not worth fighting for.

      Personally I would find it to be more socially beneficial to buy a product made from a local company or a company with a good history of taking care of it's employees.

      I would find it funny and ironic if he went through all of this to make a statement, only to find out the item he bought was manufacturered in China by some kid working for $0.50. Guess it's just a balance of which fights are worth fighting.

    12. Re:Being anal by Anonymous Coward · · Score: 0

      I understand if I go somewhere I may have to show my receipt when I leave.

      Your understanding is mistaken. You do not have to show your receipt when you leave. Club stores cannot even make you show your receipt when you leave. They can, however, revoke your membership if not showing a receipt goes against club rules. But they cannot prevent you from leaving. That is called kidnapping. And it is against the law.

    13. Re:Being anal by LiENUS · · Score: 1

      You're looking at it from the wrong direction, it is not the apathetic people with the acme of skill, rather it is the stores with the acme of skill. The apathetic people are the subdued ones.

    14. Re:Being anal by Atzanteol · · Score: 1

      I'm all for fighting for you rights, but for me personally this wasn't one worth fighting for.

      You'll only keep your rights if you're willing to fight for *all* of them.

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    15. Re:Being anal by fafaforza · · Score: 1

      Random searches? All you have in that bag is a game box, and a toy of some sort that you just bought there. It isn't like you have a dildo there, or a collection of bondage porno which would put you at considerable embarassment if revealed, or sent you to jail. And any accusations that would have come up as a result of such a search would have been thrown out because they came as a result of an illegal search. Barring that, it's just a common courtesy of an honest person to a business to help them fight fraud.

      Why not look at it from the point of view of the store? They're fighting fraud and shoplifting from many angles, and doing the best they can to protect their assets. But they're big business. "Free thinkers" are supposed to be against everything business.

      Would it have made a difference if the first person was wearing some sort of a store uniform to not make them "any random person"?

      And if this person has had such "altercations" before, wouldn't it have been more effective to make a protest to the store manager and promise never to shop at these big box stores?

    16. Re:Being anal by Anonymous Coward · · Score: 0

      It might not be "required by law" but it's part of doing business.

      Why is it part of doing business? It doesn't have to be. There are lots of places where it is not.

      I was shocked when I was asked by a guard to show my receipt when leaving a store in my home town (Victoria, British Columbia). I vowed never to shop at that store again. It is the only time that I have ever been asked to show my receipt.

      When I had cause to return to the store for warranty reasons, there was no longer a guard at the door. Apparently I was not the only one to feel insulted, and enough people complained that the store changed its policy.

      It's only part of doing business if you allow it to be.

    17. Re:Being anal by Darby · · Score: 1

      Ok, I can understand wanting to fight for your rights, but come on. This whole thing could have been avoided had he just showed his receipt. He must have a lot of time on his hands if he can pick small fights like this just to make a statement.

      The important, obvious lesson that you have through some deep failing of yourself failed to get is that standing up for even a small trivial *right* like this man did will be met with massive abuse of police power. The smaller and more trivial the right is that is being stood up for, the more important it is to deal with the insane over reaction done by that scumbag cop.

      If doing *nothing at all illegal* is met with jail and robbery of $10K, then talking as if you had any rights at all is completely retarded. By defending these criminals you are willingly choosing to abdicate all of your rights. If you can't even just stay silent and instead actively choose to attack an innocent man who was acting perfectly within his rights and was abused by a bad cop then where do you get the fucking idea that *you* have the right to do anything. If a cop decides you don't have that right, then according to *you* you are a scumbag and deserve what you get.

      Your failure to recognize that fact is a deep personal failure on your part.

      Try growing up and actually learning to think before you spew any more of your freedom hating fascist bullshit. Keep in mind that since you're happy to see the rule of law tossed aside so easily that it will eventually turn on you. I'll laugh if you get beaten for doing nothing wrong because you are asking for exactly that to be the rule rather than the exception.

    18. Re:Being anal by berashith · · Score: 1

      The contents of the bag simply do not matter in this case. Someone approached this individual and asked him to prove that he owns everything in his possession, and he declined. End of story.

      From the store's POV... they were given the opportunity to either call the police and officially accuse, or let the individual go. This is a legal requirement that they skipped. All they had to do was say that they believed there is reason to call the police, and ask the person not to leave. He would not have.

      The uniform of the questioner has no bearing at all upon this case. The items had been purchased, and belonged to the former shopper. If he had owned these items for months, years, or minutes makes no difference. This was his property and it is not his requirement to prove ownership.

      A manager was involved, although I do not know what level of management he was at. There wasn't much communication being offered from this person.

      As for effectiveness, I think this case has raised a lot of recognition of how customers are viewed and treated by these stores. This person was not a shoplifter, but a paying customer who the store treats poorly for no apparent reason.

  9. He raised 5000$ with no evidence by cpt.hugenstein · · Score: 0, Troll

    Am I the only one who was suspicious of this. On his blog some guy said he was wrongfully arrested and that he was going to fight the city. He provided no links (at the time) to any news sites supporting his claim just. With no evidence he managed to get 52xx$ from the intertube community. This could have been a scam. He did in the end provide a link to the local newspaper saying that he has settled with the city. That article is the only evidence I saw that anything took place.

    1. Re:He raised 5000$ with no evidence by jtroutman · · Score: 2, Informative

      Well, there is the .Pdf of the legal release, FTFA.

      --
      I stole this sig from a more creative user.
    2. Re:He raised 5000$ with no evidence by filterban · · Score: 1

      Well, he ended up donating all of the money to the ACLU of Ohio.

      I applaud this man, and the newspaper article certainly backs him up (although it paints him in a poor light).

      --
      rm -rf /
    3. Re:He raised 5000$ with no evidence by cpt.hugenstein · · Score: 1

      I did and he never had any evidence saying that he was arrested until he posted his settlement arangement. I did ftfa, how about you do next time before people go and call this guy a marter. I do however support his claim to have donated the monies collected the the university. Again however this is not news its the guys blog, a first hand report with no supporting evidence. For all you dreamers who think that this guy is a saint of civil liberties this guy could very well had the city pay his legal fees (undiscloased settlement) and he could have bought a 50" plasma tv (likly not at Circuit City). And don't mod as troll just because its a POV that you do not agree with. There is always 2 sides of the story.

    4. Re:He raised 5000$ with no evidence by jtroutman · · Score: 1

      Okay, Chet, calm down. First of all, FTFA stands for "From The Fucking Article", so my comment was "here's a doc from the article", not instruction for you to do anything. Secondly, I didn't say the guy was a martyr, saint, or anything else, you asked if there was any evidence that this had actually happened and I pointed out the document. At the bottom of that document is the number for his attorney and the name of the prosecutor. If you really wanted to make sure this was legit, you could contact either of them. I'm quite certain that if you discovered this was a scam, you'd get your fifteen minutes of Slashdot fame. And finally, FTFA, he didn't donate the money to a university, he donated it to the ACLU, the American Civil Liberties Union.

      --
      I stole this sig from a more creative user.
  10. nice by svendsen · · Score: 1, Informative

    Don't sure us for screwing your rights over and we promise we won;t take you to court on those same made up charges. WTF?!?!?!?

    He caved and basically has done nothing to prove the system wrong. he was so gung ho about not showing his licensee because it was a law and his right YET he has no spine to follow through cause his family might suffer?

    News break: Your family is already suffering from it. Do you believe in what you did? Then sue the city. Oh it was all show, just wanted your 15 mins, and when push comes to shove you are a coward now? Go away.

    THe money you would get would A) show the city it can;t mess around B) help your family (invest, emergancy funds, etc) and C) feed the poor lawyers.

    1. Re:nice by irving47 · · Score: 1

      Are you kidding? His family probably started suffering the moment he was born.
      Rights are nice to have. It's even nicer to exercise them. When it really counts.
      Has anyone ever heard the phrase, "Cut off your nose to spite your face?"

      --
      I had a sucky sig.
    2. Re:nice by Volante3192 · · Score: 3, Informative

      His family may have been 'suffering' as you put it, but they weren't directly involved. If you read the article (yea, I know where I am...) it would've involved flying in his sister from California and his father cancelling a European business trip.

      If that wasn't a factor I'm sure he'd've kept fighting.

      Personally, I don't even see why they'd need to get involved, but the prosecutor probably is hoping for a victory on delay and cash rather than just lose on merit early on.

    3. Re:nice by Hatta · · Score: 2, Interesting

      If you can't exercise your rights now, when it doesn't seem to count how are you do you expect to exercise them when it does?

      --
      Give me Classic Slashdot or give me death!
    4. Re:nice by TheGratefulNet · · Score: 1

      News break: Your family is already suffering from it. Do you believe in what you did? Then sue the city. Oh it was all show, just wanted your 15 mins, and when push comes to shove you are a coward now? Go away.

      I don't know the guy - but neither do you, most likely.

      the gist of the tone I sensed - about his family - it did not sound like something he was willing to just have OTHERS in his family pay for.

      unless you know the man, I think your judgement of his 'call' (thinking of his family issues over his own personal one) is without merit. you have NO right to judge him unless you were there and knew the 'family issue' he's talking about.

      it sounded like he lasted as long as he could. give him some credit, ok??

      (sheesh!)

      --

      --
      "It is now safe to switch off your computer."
    5. Re:nice by fafaforza · · Score: 1

      If you shoot your bullets for all the stuff that doesn't matter, what will you have to fight with when it counts?

  11. so what was the victory? by saleenS281 · · Score: 4, Interesting

    Since he didn't actually force the city to admit any wrongdoing... all they did was drop the case. Seems to me like he wasted a lot of time and money for nothing.

    1. Re:so what was the victory? by Vellmont · · Score: 1


      Seems to me like he wasted a lot of time and money for nothing.

      True. I think it's hard to be a crusader when you've got a family to worry about, and who likely doesn't share the need to seek a larger justice. Police departments won't stop this kind of behavior until it starts costing them something.

      --
      AccountKiller
    2. Re:so what was the victory? by aminorex · · Score: 1

      Agreed. The only worthwhile outcome would have been a punitive judgement against Circuit City and the city of Brooklyn Ohio. He made the judgement that pursuing this end would be too costly for his family. I can't second-guess that judgement, but I can say that this appears to be a loss for everyone.

      --
      -I like my women like I like my tea: green-
    3. Re:so what was the victory? by Anonymous Coward · · Score: 1, Insightful

      how is it a loss if it has people discussing it now?

    4. Re:so what was the victory? by stmfreak · · Score: 1

      And the next time, he (and the rest of us) will think about that $7,500 legal bill and just show them the fucking receipt.

      Totalitarianism: 1
      Individuals: -1

      --
      These opinions guaranteed or your money back.
    5. Re:so what was the victory? by byteherder · · Score: 1

      Agreed. The only worthwhile outcome would have been a punitive judgement against Circuit City and the city of Brooklyn Ohio. He made the judgement that pursuing this end would be too costly for his family. I can't second-guess that judgement, but I can say that this appears to be a loss for everyone.

      It was not a loss for everyone, some lawyer got paid $7500 for handling a relatively simple case.
      I bet he is laughing all the way to the bank.

  12. The PhoneDot effect by dada21 · · Score: 5, Interesting

    Many years ago, when the web was still quiet and tiny, we had a little group of friends who promised to follow through with customer service and govenrment issues for one another. Since we all had various newsletters, writing gigs, and other media-style connections, we had the ability to contact people giving bad service via the phone and inquire to the service issues from a media perspective.

    Of course it was more a joke than a reality, but as time grew, we found that hundreds of people calling businesses and police departments inquiring about "Any new information?" was a great way to get things fixed. I can recall one incident with Circuit City (of all places!) where the managers on duty received nearly 200 phone calls a day from "media inquiries" relating to a direct lie from a sales person to one of our group. It only took 2 weeks of "Any new information" for the company to back down and repair the situation, at which point there was no more news to cover.

    Now I know harassment is a "crime," but why isn't there a site like phonedot.org? Instead of the slashdot effect, you can have the phonedot effect. Give it digg like capabilities so bloggers and other media contributors can vote up or down various customer service issues, and then let these thousands or hundreds of thousands of bloggers make their calls to see if there is "Any new information?" until the issue is settled.

    When my previous city refused to get rid of the city sticker for vehicles, I typed up a newsletter and printed 30,000 of them to distribute. The newsletter had every phone number of every city official (home, work, cell). It only took 2 months of massive phone inquiries for the city council to end the city sticker harassment, and I think it was a net gain for those who called to inquire. Fight idiotic harassment with idiotic harassment.

    1. Re:The PhoneDot effect by jtroutman · · Score: 1

      How's The Service looks close, but anything like that requires that people use it. Slashdot wields power, not because of what it intrinsically is (a tech news aggregation site), but because of the people who come here.

      --
      I stole this sig from a more creative user.
    2. Re:The PhoneDot effect by dada21 · · Score: 3, Interesting

      I guess that's a solution, but my idea is way more like digg+slashdot:

      1. You get harassed by a company or a public official.
      2. You post your details about the harassment, as well as any contact information by the harasser, as well as any proof of the harassment (video, audio, photos, receipts, etc).
      3. People review the harassment, make initial phone calls to check on it, etc.
      4. Harassments are moderated up or down, reviews are moderated up or down. Negative poster karma is displayed (people who lie, post their ex-girlfriend's contact info, etc).
      5. Top harassments on each page get the most response from the site visitors. Maybe Michael Righi's case brings 10,000 phone calls a day to the Brookfield, OH police department, and every manager's home and cell phone per day. Issue solved.

      I recall when Ron Paul (sorry, had to bring it up) was going to be uninvited from Michigan's GOP gatherings. All it took was a few thousands phone calls a day to get that resolved in a matter of days. Sounds like an excellent way to use one official's negative service to the public's advantage.

    3. Re:The PhoneDot effect by jollyreaper · · Score: 4, Funny

      Now I know harassment is a "crime," but why isn't there a site like phonedot.org? Instead of the slashdot effect, you can have the phonedot effect. Give it digg like capabilities so bloggers and other media contributors can vote up or down various customer service issues, and then let these thousands or hundreds of thousands of bloggers make their calls to see if there is "Any new information?" until the issue is settled. I really like your idea. But since a site like that does not yet exist, a good second option is to obtain the manager's name, reverse lookup his phone number, and post both to Craigslist under the kinky sexual perversion of your choice.

      A highly illegal variation of that is to note the license plate number of a personal enemy and then place "concerned citizen" calls from phone booths near public schools. Give a different name each time and say that you see a suspicious person (give description of enemy's appearance) loitering around an elementary school. Provide license plate number. Of course, if you get caught you'll go to jail but it's such a funny prank that the other inmates might be willing to skip the forcible sodomy in light of the chuckle you gave them.
      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    4. Re:The PhoneDot effect by dada21 · · Score: 1

      I'm sure my site idea has legality problems, but I wonder...

      Constitutionally, there can be no laws that prevent a person's right to "petition the Government for a redress of grievances." This is a 1st Amendment restriction to government's power. I'd say that contacting the government about your grievance is protected speech, even if 10,000 or 100,000 are all contacting said government at once.

      Secondly, the cause of government telling people to "shut up or we'll arrest you" might produce enough concern to have a peaceful revolution against the thugs who decide what we can say and do, and where we can travel, without their approval.

      Maybe its time to register a new domain name :)

    5. Re:The PhoneDot effect by Anonymous Coward · · Score: 0

      If you want any help with that I'm game.

    6. Re:The PhoneDot effect by Hijacked+Public · · Score: 1

      I'd say that contacting the government about your grievance is protected speech And I would agree, just like the right to refuse to show your driver's license to a law enforcement officer in Ohio. But, from having read the article, in order to make your idea work all of those involved would have to be willing to spend $10,000 or thereabouts to individually prove that out in court.
      --
      "Sacrifice for the good of The State" - The State
    7. Re:The PhoneDot effect by daenris · · Score: 1
    8. Re:The PhoneDot effect by KZigurs · · Score: 1

      why exactly is this a crime? You can always be unsure about the number.

  13. It's o.k. tho... by rhombic · · Score: 1

    American Criminals Liberty Union

    Since the current administration has produced laws that make every one of us a criminal, it pretty much reduces back to being about our civil rights ';)

    --
    1984 was supposed to be a warning, not an instruction manual.
    1. Re:It's o.k. tho... by ak3ldama · · Score: 1, Informative

      I don't know how this guy was moderated so promptly. Perhaps ending a comment with "Fuck the ACLU" is harmful a post's moderation status. But the sad fact is that he is correct, the ACLU doesn't agree that a common citizen/person deserves the right to own or carry arms for the defense of his person or nation. They basically agree with the supreme courts stance of taking a no stance and prefer to not face this issue. They agree with earlier decisions limiting the personal ownership of arms and with continually limiting what arms are allowed. So in closing, Fuck the ACLU.

      --
      "but money is the God of Algiers & Mahomet their prophet." - Rich. O'Bryen June 8th 1786
    2. Re:It's o.k. tho... by Anonymous Coward · · Score: 1, Insightful

      Life isn't black and white, it's a series of greys. Just because you don't like the ACLU's position on firearms, shouldn't automatically mean "fuck the ACLU". They do a lot of good.

    3. Re:It's o.k. tho... by Anonymous Coward · · Score: 0

      I agree with you 110% after all why can't the ACLU defend my right to acquire thermonuclear weapons for my personal defense. Hell the pussy's at NRA are willing to defend handguns so why not one of the few weapons that could defend a US citizen when the government oversteps its authority.

      PS: I understand that some people feel nukes like fully automatic weapons with armor piercing rounds are designed to kill people but if you're going to stand up and defend someone's rights why not defend all of them...

    4. Re:It's o.k. tho... by Anonymous Coward · · Score: 0

      Some points for your pointy head to ponder:

      - Nukes are unconventional weapons not suitable to defend one's own territory and borders. Hence they are not 'militia' weapons as intended by the framers of the Second Amendment. Arguing about gun control by citing nuclear weapons doesn't even rise to the ad absurdum level of discourse. It's just a convenient excuse used by the ACLU to defend their indefensible political stance: that self-defense is not a civil right.

      - If I get my hands on a nuclear arsenal, you and what army are going to take it away from me?

  14. The real lesson here by Exp315 · · Score: 2, Insightful

    Thank you Michael Righi for attempting to stick up for everyone's rights. But unfortunately the real lesson that everyone who reads this story will learn is that you don't really have any rights, you should just shut up and comply with authority if you don't want to be punished. Be honest now, if you find yourself in a similar situation and you think back on this story, what will you really do?

    1. Re:The real lesson here by avdp · · Score: 1

      I think the lesson is: don't stand up for your rights unless you have a lot of time and money on your hands. Sure, the charges were dropped. But he's $7500 poorer for it and nothing he can do about it (he had to agree not to sue). I figured the prosecutor was satisfied with that punishment.

    2. Re:The real lesson here by archen · · Score: 2, Insightful

      But unfortunately the real lesson that everyone who reads this story will learn is that you don't really have any rights, you should just shut up and comply with authority if you don't want to be punished.

      You should thank him for that too. Believe me, when you end up severely fucked by the government it's always better not to get that lesson first hand. No one is going to stick up for you. No amount of logic will assist you. There is nothing you can do to fight the system because you're fighting the system WITHIN the system itself. It sucks that this is reality, but things could honestly be worse, so I suppose there is that much to be thankful for. If someone could have shown this guy that he would waste $7500 and his time for nothing, then perhaps he would appreciate that too. Not happily of course, but I'd rather be unhappy with an extra $7500.

  15. How is it a partial victory? by rob1980 · · Score: 3, Insightful

    The guy spent $7500 on the case and forfeited the right to pursue further legal action against the city for being wrongfully arrested, but hey at least his criminal record is clean now? His record should have been clean the whole time, so there's no victory there either...

    1. Re:How is it a partial victory? by DamnStupidElf · · Score: 1

      The guy spent $7500 on the case and forfeited the right to pursue further legal action against the city for being wrongfully arrested, but hey at least his criminal record is clean now? His record should have been clean the whole time, so there's no victory there either...

      I bet the city ended up spending considerably more than $7500 to deal with the situation. That's a win in my book.

    2. Re:How is it a partial victory? by $pace6host · · Score: 1

      The guy spent $7500 on the case and forfeited the right to pursue further legal action against the city for being wrongfully arrested, but hey at least his criminal record is clean now? His record should have been clean the whole time, so there's no victory there either...
      I wonder if he (and his family) can spare the time / effort to sue the store employee (and the store) for wrongfully detaining him in the first place. Maybe then he can pay the lawyers from the criminal trial with the return from the civiil trial.
  16. He should have held out for legal fees. by Maximum+Prophet · · Score: 1

    It sounds like the city pressured his family members to get him to sign. Where were they in this story before they called him to sign? Why didn't he hold out for not sueing but having the city pay for his legal fees? Paying the small legal fees now, would have been much cheaper for the city vs. going to trial.

    --
    All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    1. Re:He should have held out for legal fees. by dada21 · · Score: 1

      His answer is a cop out. He did not, in any situation, need his family to testify on his behalf. That's ridiculous.

      The cop, and the store manager, and the security person, all need to take an oath to tell the truth. If, and only if, they tell lies on the stand, THEN he might need his family to counter their testimony. The threat of having the available is all he needs to keep the others truthful.

      He won nothing. He gained nothing. The precedent he said was already set was NOT set because it is obvious that no one learned from the previous precedents. Even if a precedent is set that would win you a case in court, we need precedents set that remind the thugs of their limited powers.

      It seems to me that this case would be a quick one in court. If he believes there are judicial precedents, brings those up and let the judge consider them to end the trial quickly.

      Here's the downside: By dropping the case, the People lose because their rights are hampered by extended government powers. By winning the case, the People lose because they will be taxed to pay for the thug who violated Righi's rights.

      What we need are direct penalties for all individuals if they violate the rights of another. Police should not be able to hide behind corporate liability limitations (neither should Circuit City employees, or any employees or manager). We also need to make sure that public officials (anyone on the public dole) should have to face 3X the penalties for a crime as if committed by a non-public individual.

    2. Re:He should have held out for legal fees. by Maximum+Prophet · · Score: 1

      He did not, in any situation, need his family to testify on his behalf. That's ridiculous.
      That's the mysterious part that leads me to believe that his family was pressured by the DA or cops. Either that or an extremely incompetant lawyer. Or he's just plain crazy. Wouldn't be the first time someone truely paranoid is picked up and the police just send them packing instead of to an institution. For all we know, he may not have any family at all.

      Here are some quotes from the "Cleveland Plain Dealer" attributed to his lawyer:

      Righi's attorney, Ian Friedman, said Wednesday that the Brooklyn prosecutor dropped the charge after Friedman agreed that police did nothing wrong.

      Asked why Righi abandoned his fight, Friedman said, "I think that time passed since the incident and all parties felt this was a reasonable way to end it. Righi is not charged with a crime and the city is happy. It's over. Otherwise, it would have been a long, drawn-out process that could have been costly."
      Why didn't his lawyer think he could win "a long, drawn-out process", and win big bucks? Couldn't Righi find an ambulance chaser willing to take on the city on contigincy? What's the real story?
      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    3. Re:He should have held out for legal fees. by Plekto · · Score: 1

      I think that this is particularly insightful. Faced with a egg on their face situation, they dug in everyone in his family's records and used mafia-esque tactics to get to him via another family member/relative. Probably some unpaid taxes or unpaid child support or similar.

      I'd still have fought it, though. The city was looking at least losing 50-100K if this went to a jury, btw, plus the firing of several employees, most likely.

      If you ever find yourself against the government with them having 0% chance of winning and you being 100% in the right, don't give up.

  17. he has a bigger problem now... by Anonymous Coward · · Score: 0

    Not that he would willing do so, but if he ever needs to call a cop in that town again, they are going to let him die rather than help him. Scandals like that come out in the news every so often, so you have to believe the attitude is fairly common.

  18. I am not sure why Slashdot supports this guy by brkello · · Score: 0

    I doubt he is out that much money. He had a pay pal site up and I know he had at least some donations.

    The thing that drives me nuts about this is that it all could have been avoided if he just showed his receipt. What is wrong with this guy? These stores are victims of constant theft. In order to prevent this, they add a little bit of security. Think if you owned a store and had people stealing things out of it...wouldn't you want this? And then this prick comes along and tries to rush out without showing that he purchased the item. What are you going to think? I know I would think he was trying to steal something.

    The guy is a jerk and completely unreasonable. He wasted the time and money of his own and of others just to satisfy his own ego. But Slashdot has some sort of anti-authority sentiment and don't like being told what to do even if it is reasonable.

    --
    Support a great indie game: http://www.abaddon360.com
    1. Re:I am not sure why Slashdot supports this guy by Anonymous Coward · · Score: 0

      You could easily fake a receipt.
      Half of the time they don't even really look at them.
      The other half of the time they give the bag a cursory look.

      My friend walked out of an establishment with two hard drives, but when he got home he realized the cashier had only scanned one. He went back and paid the other, but the point is that the receipt checking does fuck all.

      Perhaps it prevents someone from walking out with a big screen TV, but if that's the reason you're checking receipts, you have bigger problems.

    2. Re:I am not sure why Slashdot supports this guy by TheLink · · Score: 1

      I suppose it's illegal to be a jerk now eh?

      But then how about the cop and rest? Weren't they being jerks as well? They could have dropped the "Obstructing Official Business" thing, and told Righi "Look next time please just show the frigging receipt".

      Who's a more dangerous to you or the rest of society? Michael Righi or cops like that cop and the current system as it is?

      Say you do something that's arguably legal, and you think is reasonable but is viewed as unreasonable by others, why should you suddenly risk getting a criminal record for that?

      I'm all for fewer jerks in the world. BUT yes I'm biased - after all in too many occasions I myself have been a jerk, so I still wouldn't want it to be a criminal offense.

      Sure he did something unreasonable (go ahead flame him for it), but the Cops and the City went and did something even more unreasonable IMO.

      To me it should have gone to court, and Righi should have won, the cop and the rest of the goons behind him should have been reprimanded and made to apologize and Righi should have been awarded X%costs + USD1 buck as damages. Where X% is less than 100% or whatever the court thinks is fair.

      A police force willing to behave like this definitely does not make things safer or better.

      IMO the Peelian Principles are still relevant today for the police: http://en.wikipedia.org/wiki/Peelian_Principles

      --
    3. Re:I am not sure why Slashdot supports this guy by brkello · · Score: 1

      Once again, I should remind the mods that disagreeing with someone is not an acceptable reason for modding someone down :)

      --
      Support a great indie game: http://www.abaddon360.com
    4. Re:I am not sure why Slashdot supports this guy by brkello · · Score: 1

      I agree, the cop acted inappropriately. But the cop wouldn't have even been there if the guy just showed his receipt. Two wrongs don't make a right. So stand up against the cop, but not for this guy.

      --
      Support a great indie game: http://www.abaddon360.com
    5. Re:I am not sure why Slashdot supports this guy by TheLink · · Score: 1

      The cop might not even have been there if Righi didn't call 911 :).

      As you said, I'm not standing up for the guy. But something else is broken somewhere...

      --
  19. Victory? by pcgamez · · Score: 5, Insightful

    I fail to see where the victory is in this. The only thing he gained was that the charges were dropped. Considering that the charges were baseless to begin with, that is not much. On the other hand, the city won by making him pay $10k to fight a baseless charge and by getting away with no punishment for the city or the officer involved. Seems to be a weak victory to me...

  20. Re:Can you imagine... Yes I can! by Zymergy · · Score: 1

    My roommate in college signed everything from his check card for over a year: "Check My ID", or "Bill Gates", or "Bill Clinton" and/or "Jack Meoff" or something funny along those lines. Only got caught at it a few times. LOL

  21. 4 wrongs by fumanchu32 · · Score: 1

    Sounds to me like four wrongs don't make a right. The story here is there are four a$$holes that have nothing better to do than be pricks. If you don't want to show your receipt when you leave a store, don't shop there. If someone doesn't show their receipt, don't illegally detain them. If you are a police officer, know the law you are supposed to uphold. These four idiots deserve each other.

    1. Re:4 wrongs by jtroutman · · Score: 1

      I'm having difficulty here, you mentioned four pricks:
      1. The customer
      2. The store
      3. The officer
      4. ?????
      Who's the fourth? It's not me, is it? Aw, dammit...

      --
      I stole this sig from a more creative user.
    2. Re:4 wrongs by fumanchu32 · · Score: 1

      1 Customer 2 Manager and employee at the door 3 Officer

    3. Re:4 wrongs by Anonymous Coward · · Score: 0

      If you don't want to show your receipt when you leave a store, don't shop there.

      Bullshit.

      He chose to exercise his rights as a citizen. Should he give them up simply for the convenience of the corporation and the police, or for your convenience?

      The idea that citizens should trade in their civil rights because they now have consumer power is ignorant and weak.

    4. Re:4 wrongs by Anonymous Coward · · Score: 0

      5. Profit!

      oh wait...

    5. Re:4 wrongs by fumanchu32 · · Score: 1

      I fail to see how showing a receipt when leaving a store is trading in my civil rights. Seriously, I don't like it, that is why I don't shop at stores that do such stupid things. Why doesn't a store have a right to look at your receipt? You give no example on how that is infringing on someones civil rights. I mean come on, one has to pick their battles. Employees not allowing you to leave the parking lot would be a civil rights violation, not showing a receipt to a store that you chose to do business with.....

  22. Good- Attention Whore gets his Just Deserts by gadlaw · · Score: 0, Flamebait

    This guy is like the Florida taser idiot - attention whores who create a big problem for attention. There are plenty of options available to you if you don't like the way a store choses to enforce it's security policies. I won't walk into a Guitar Center because of their ignorant and over the top 'security check' at the door. Go to Sam's they check your receipt, go to Best Buy and they check your receipt. Those last two places have been polite about it. I get it - people steal stuff and some of that theft if actually through the cash registers so to stay in business some businesses decide to have receipt checkers. When they are obnoxious like at Guitar Center I complain to the manager and never shop there again. I don't go cause a scene at the door while I'm with family members, involve the police and act like a complete ass as this guy did. Like the 'Don't taser me Bro' guy, this guy knew he was causing trouble and decided to push it until he was arrested. Good, and I'm glad it cost him some money, perhaps this clown will find better ways to 'fight the man' if he wants.

    --
    Enjoy your Karma, after all you earned it. Feel your Karma Joe, feel it burn.
    1. Re:Good- Attention Whore gets his Just Deserts by rootEToTheIPi · · Score: 1

      Go to Sam's they check your receipt, go to Best Buy and they check your receipt.
      Yeah, some stores do like to check your receipt. But they don't have a right to physically hold you in the store unless one of the employees has a good reason to believe you've stolen something (eg he saw you do it, and refusal to show a receipt is not grounds for believing you've stolen something). The only thing a store can do if you refuse to show a receipt is tell you never to return. Sam's has this as part of your member contract; if you refused to show your receipt, you can't come back.

      There are plenty of options available to you if you don't like the way a store choses to enforce it's security policies.
      Are these security policies posted at the entrance? How does he know if an agent of the store will demand to see a receipt if he tries to leave with *his* belongings. Is he supposed to ask about security policies every time he enters a store? However, I agree with your point in some regard. The bookstore at the university where I teach does not allow customers to bring backpacks in (you have to check it at the door). So, I don't buy anything there if I can avoid it. If I must, I give them my backpack and walk around with my arms and pockets full of the stuff that was in it.

      I get it - people steal stuff and some of that theft if actually through the cash registers so to stay in business some businesses decide to have receipt checkers.
      I agree. Some will say that stores shouldn't treat their customers like criminals, but I don't think that asking for receipts does that. However that doesn't change the fact that the customer has every right to refuse to show a receipt and (unless there is evidence of a crime) the store's only recourse is to refuse service to that individual in the future.

      act like a complete ass
      In what way did he act like an ass?
      --
      When it comes to pastry theft, I take the cake.
    2. Re:Good- Attention Whore gets his Just Deserts by nooboodoobie · · Score: 1

      Couldn't agree more. Is it inconvenient to show your receipt? - Mildly. Is it worth the hassle to create the big scene this guy did? No way - not for me anyhow. Choose your battles wisely. This guy sounds like he was spoiling for a fight - sorta like a petulant child. I'd have left him on the curb and headed on home. "Call me when you get out of jail..."

  23. Giving up rights by Monoman · · Score: 1

    I haven't fully thought this out but I wonder how different these things would go if it were illegal to ever give up your rights.

    --
    Keep the Classic Slashdot.
    1. Re:Giving up rights by Mawbid · · Score: 2, Funny

      I will never give up my right to give up my rights!

      --
      Fuck the system? Nah, you might catch something.
  24. Re:hey folks by taustin · · Score: 4, Insightful

    You may be asked for your receipt. You cannot be forced to show it. That's the law. The store employees should be in jail for assault and unlawful imprisonment. What the cop did was not only not allowed by law, but specifcially prohibited by state law. He belongs in prison. But instead, people like you have made it absolutely clear that he will not be punished in any way for abusing his authority.

    You, personally, are what's wrong with the world today.

  25. Probably Still Has Cause Against Circuit City by Slashdot+Parent · · Score: 1

    He probably could still sue Circuit City. They detained him with no reason to believe that he was shoplifting.

    It would depend on the shoplifting laws in Ohio, of course, but he should at least ask his attorney about it.

    --
    They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    1. Re:Probably Still Has Cause Against Circuit City by bckrispi · · Score: 1

      The thing is, they *didn't* accuse him of shoplifting. In most (all?) states, a store owner has the right to detain you on the accusation of shoplifting until the police arrive. He challenged the manager to "either accuse me, or let me go". The manager did neither.

      --
      Xenon, where's my money? -Borno
    2. Re:Probably Still Has Cause Against Circuit City by chill · · Score: 1

      And that is where he and I differ. I would have sat there, smiling at the manager and asked "now what, genius?". See how long he and his employee stood there blocking his exit. Ten seconds later I would have said "wow, look at all the people walking out without showing their receipts!" See if it prodded his little brain to kick into some gear other than neutral.

      --
      Learning HOW to think is more important than learning WHAT to think.
    3. Re:Probably Still Has Cause Against Circuit City by Edmund+Blackadder · · Score: 1

      "The thing is, they *didn't* accuse him of shoplifting. In most (all?) states, a store owner has the right to detain you on the accusation of shoplifting until the police arrive. He challenged the manager to "either accuse me, or let me go". The manager did neither." ... and that is false imprisonment. You are not allowed to detain someone against their will. There is a storekeeper exception (as you mentioned) but that only works if the storekeeper has some kind of reasonable suspicion the guy was stealing. In that case the manager had no reason to believe so, thus the manager essentially committed false imprisonment by detaining the guy.

    4. Re:Probably Still Has Cause Against Circuit City by bckrispi · · Score: 1

      Agreed entirely. The manager was in clear violation of the law at this point. He's lucky *his* ass wasn't the one slapped with felony charges!

      --
      Xenon, where's my money? -Borno
  26. Tow things are clear to me by taustin · · Score: 1

    First, his family is more important to him than his principles. No problem with that. It's even admirable, in a way.

    Second, his family's convenience is more important to them than he is. That's not admirable at all.

  27. As long as the positive side effects still occur.. by FatSean · · Score: 1

    ...you know, wining cases against un-constitutional douchebags. They can get a little rich, after all, America is Capitalism.

    Haliburton profits from destroying WMDs..I mean from stopping Saddam's nuke plans..I mean from luring Al-Quieda to Iraq, I mean they profit from bringing Iraq Democracy and Peace.

    Why can't the ACLU profit from securing our rights as citizens by wining precedent-setting court cases?

    --
    Blar.
  28. I don't think you understand. by bruins01 · · Score: 1

    Why should this man relinquish ANY rights that he has to Circuit freaking City? What's more annoying, Circuit City systematically demanding all of its paying customers show their receipts as conditions for receiving permission to leave, or one man complaining about it?

    I'm 100% sure Circuit City and Best Buy and all the other stores that have this policy are capable of thinking of a solution to shoplifting that doesn't require its customers to give up basic rights.

    And that basic right is, of course, the right to leave THEIR store, that they just gave money to, without having to show some 22-year-old a list of everything you bought!

    People in this country need to be more adamant about keeping our rights. It's not like the government has historically given back rights it has taken from its citizens.

    1. Re:I don't think you understand. by hattig · · Score: 1

      I think his daughter's right to have her birthday ruined by her father's rank bullheadedness ranked higher than his right to not prove he bought the goods and to go about his business.

      Indeed he was on their property. Suck it up, and never shop there again, it's like ten whole seconds. Other stores seem to cope without checking, so give them your business instead. You could buy a boat load of excellent electronics for $7500... better than shortening your life span because of the stress, and having your wife or whatever threaten to leave you if you went ahead with it.

      Yes, the store employees were asstunnels, and the policeman was a prime asstunnel. It shouldn't have got to the policeman stage, it should have got to the show receipt, write letter to circuit city detailing the law and expressing his severe disappointment with their employees stage.

    2. Re:I don't think you understand. by chill · · Score: 1

      The publicity he generated has infinitely more potential to make Circuit City change their policy than any letter he could write.

      The next step is to file suit against the store, the idea being not to make some cash but to get them to instruct their people in proper procedure. You may ASK for the receipt, but cannot force anyone.

      --
      Learning HOW to think is more important than learning WHAT to think.
  29. Working hard by Anonymous Coward · · Score: 2, Informative

    How much have YOU donated to the ACLU?

    They are simultaneously fighting many cases on many fronts. They only have so many people on staff, with so many hours in the day. If they are to fight more cases, they need to hire more people, which costs money.

    So, they can only do as much good as they are paid to do, and they have to pick the biggest issues (like challenges to the PATRIOT act itself, over specific infringements for specific individuals).

    If you want them to do more, pay them more.

    1. Re:Working hard by Anonymous Coward · · Score: 0

      Well suggested low donation/dues are set to $35 and really rise as high as you wish to donate.

      There is no clear term for membership that I can easily find without joining first but you can renew your membership- This indicates it ends at some point.

      First page clearly states that they are now 20,000 members strong so if we add up the math assuming everyone is making a minimum contribution.. That's.. carry the one.. um.. times.. $700,000?

      Ok that's not going to work- we have too many civil liberties issues and too many people. The cost of $7500 per person as stated in this article would have the till empty in no time flat. (214x more than donations @ $35 - just over 93 cases would drain the coffers..) I see that the ACLU does some lobbying. Good. They also don't offer any tax deductions when you donate to the ACLU BUT.. if you donate to the American Civil Liberties Foundation you can. So there's an alternate means of income with incentive besides having someone watching out for your civil rights.
      I guess I can only hope that there are people or organizations out there donating BIG bucks to the foundation - interested in being able to write it off at the end. Or, hopefully, because they are Americans concerned about whether or not you are not getting your civil rights trampled which happens far more often than is reported on the internet or in news papers. This fellow is lucky to get his story covered. Many people have to pay fines, pay for defense, spend time in jail, register for crimes they didn't commit..etc.. etc..

      I've read so many times here that the Government should be afraid of the people they govern. Well perhaps that's reality but I think we should remember that the government is supposed to..um.. govern us while being us. The mentality that holds firm to the struggle between government and people should be done away with and we should strive for the goal of proper representation and vote to that end- or if you're the person we're talking about here- run for office.. We'll vote you in! Does this mean revolution? Sometimes it does but only for smaller countries. We're not quite there yet but its possible. I think if we had to endure another term of President Bush we might do something like successfully impeach but revolution seems appropriate for far more fledgling-like nations. The goal in general is Democracy and we're already there right? All we need to do now is live up the expectations that are in place behind the fancy name.

    2. Re:Working hard by TheClam · · Score: 1

      I donated money to the ACLU once.

      Once.

      Why once?

      They sold my personal information to dozens of other organizations that I was not interested in being affiliated with. Isn't privacy one of the liberties they should be defending?

    3. Re:Working hard by Catbeller · · Score: 1

      The unpatriotic ACLU lawyers generally work pro bono. As in for free. I don't think the government or corporate lawyers do the same.

  30. Screw you, coward by spun · · Score: 2, Insightful

    The cops have no right to ask for our papers. We are citizens, not sheep. Insinuating that the man beats his wife because he refused an unlawful order from the police is beyond low.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  31. Perhaps, but he does have a good point. by WindBourne · · Score: 1

    This is one that should have been taken to the ACLU. I wish that he would have continued with suing the city or at the least made the city pay his costs. I have been the object of police before and am now aware that police AND gov can target an individual/group and make life absolutely miserable. RIght now, it is the white house that hates the ACLU. But it should all gov. that re-thinks what they do to their citizens. After all, gov should fear us, not the other way around.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:Perhaps, but he does have a good point. by Anonymous Coward · · Score: 0

      While I agree a better outcome would involve the police being forced to apologize (and experience penalties to deter them from repeating the incident), faloi is merely using this as a smokescreen for the main message of his post.

      He states things as if the people fighting for our civil liberties are at fault -- when the man involved has stated straight out that the reason for not pursuing it legally is to avoid drawing his family into it. It has nothing whatsoever to do with the ACLU "not being there for him."

  32. Re:hey folks by Politburo · · Score: 1

    Didn't you used to make sense back on k5? What happened?

  33. Why Would ACLU Take This? by Slashdot+Parent · · Score: 2, Informative

    Where's the ACLU when you need 'em? I would think a case like this would be right up their alley. Why should they agree take up his case?

    Read the blog post. The guy claims to have the resources to pay for his own defense, and more importantly, the case would establish no new legal precedent (there are already two Ohio precedents that cover this situation).

    The ACLU has zero reason to waste their limited resources on this case.
    --
    They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
    1. Re:Why Would ACLU Take This? by nate+nice · · Score: 0, Troll

      Especially since it involves a guy who was basically being a prick.

      I'd rather the ACLU spend its time assisting the poor and disenfranchised in this country who are exploited form all angles. Bot some selfish, rich kid, prick who wanted to waste a lot of peoples time and money to pursue something as unimportant as this matter was.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    2. Re:Why Would ACLU Take This? by plague3106 · · Score: 5, Insightful

      Especially since it involves a guy who was basically being a prick.

      Ya, what an asshole, standing up for his rights against a cop that BROKE THE LAW or a store that does the same.

    3. Re:Why Would ACLU Take This? by Anonymous Coward · · Score: 1, Insightful

      If you're so into the obedient law, are you promoting fascism? You want a police state where every bend of the law is enforced to the extreme? Is this what you're asking for? You want a fascist state?

      Nice strawman.

    4. Re:Why Would ACLU Take This? by GooberToo · · Score: 1

      Who cares if he was right or not, he was being a prick and created a scene.

      I agree! Pricks don't deserve any protection under the law, even if he was forced to be a prick in reaction to a poorly conceived, commonly accepted practice which is annoying and abusive to start. Hopefully next time the cops will just shoot him so you'll be even happier.

      Sarcasm off

    5. Re:Why Would ACLU Take This? by jcgf · · Score: 1
      Grow up, kid and realize that sometimes...

      You were talking about this guy being a prick and then you say things like that. Perhaps it does take one to know one after all.

    6. Re:Why Would ACLU Take This? by mattOzan · · Score: 1

      You want a police state where every bend of the law is enforced to the extreme? Is this what you're asking for? You want a fascist state?

      I DO NOT WANT a police state, which is exactly why I strongly favor laws that LIMIT POLICE POWER!

      I agree that laws can be viewed as tools which help get to the bottom of right and wrong in the wildly variable situations we experience in life and society. But the laws I would like to see enforced most rigidly are the ones applying to those who carry state-owned firearms and have the special authority to DETAIN, INCAPACITATE AND KILL ME as they deem necessary.

      The penalties for breeching social expectations are social sanctions (shaming, shunning, etc.) You cannot get arrested for social violations. Circuit City has the right to view him as an asshole, and make frownie faces at him when they pass on the street. But the police can't lock him up and fine him for it. THAT'S a police state, buddy!

    7. Re:Why Would ACLU Take This? by Qzukk · · Score: 1

      sometimes the law is going to be bent, malformed and broken to get at what most people would feel is "right".

      Of course, being treated like a criminal after leaving the cash register and having to prove that you just paid for everything you just paid for is more than merely an inconvenience as you wait in yet another line, it's what's "right".

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    8. Re:Why Would ACLU Take This? by Anonymous Coward · · Score: 0

      Who cares if he was right or not, he was being a prick and created a scene. He paid for it. There's the "law" and there's "social expectations". Social expectations often override law and in this case, he had the book thrown at him.

      This is exactly the sheep-like mentality that has allowed the erosion of our precious freedoms over the past six years. It's one step away from giving up your right to unreasonable search and two steps away from giving up the protection against self incrimination.

      After all, social expectation is that you allow a police officer to look in your car, or your home. You don't have anything to hide, right?

      And why wouldn't you answer simple questions posed to you by opposing counsel? Social expectation is that you speak up and present your side. You don't have anything to hide, right? Opposing counsel couldn't possibly twist your words to mean something you didn't.

      Social expectation is defined by a panicky, stupid mob. They'd just as soon see you hung as ticketed, and they're the last people I want defining the powers of the police or the rights of the accused.

    9. Re:Why Would ACLU Take This? by nate+nice · · Score: 1

      I never said I wasn't a prick.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    10. Re:Why Would ACLU Take This? by Anonymous Coward · · Score: 0

      The idea that someone should lose their Fourth Amendment rights because you think they are a prick is so horrible I'm having a hard time even responding to you. There are specific limits on our government to prevent totalitarian nuts like you from bossing everyone around. Remember, the first crime committed here was by the store when they detained someone they didn't think had shoplifted.

    11. Re:Why Would ACLU Take This? by nate+nice · · Score: 1

      Slippery slope.

      Lets be real here, this is a rich kid who was wronged but could have avoided it by just showing his receipt and moving on. It isn't that big a deal. This doesn't mean that next he'll let cops search him on the streets whenever they want.

      All this means is that he could have avoided a lot of mess for a lot of people by just doing this annoying thing. It isn't very hard. It isn't eroding our rights.

      However, people like him are the cause of encroaching laws being made. Wait now as the state protects itself and creates a law that makes it a *right* for stores to search property, etc.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    12. Re:Why Would ACLU Take This? by nate+nice · · Score: 0

      Treated like a criminal?

      Not at all. He shops at a store and the expectation is he will aid that store in preventing shop lifting so as to keep his price lower. They check receipts to make sure the right thing was rung up.

      It takes a village, man. Everyone needs to cooperate to make it work. He didn't want to and it cost him $10,000.00 and lots of time and stress to him and his family.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    13. Re:Why Would ACLU Take This? by cayenne8 · · Score: 1
      "Not at all. He shops at a store and the expectation is he will aid that store in preventing shop lifting.."

      Ok..you're being a good troll, lots of feeding here going on, self included.

      On the slim chance you aren't trolling...WHAT?!?!

      Since when while shopping at a store is there anything other than the expectation that you 'may' purchase some products they offer, and leave. Unless they pay you as an employee, you are under positively no expectations at all to help them in any manner.

      At this point, I do not know of any 'active good samaritan' laws in effect that would lend expectations on a customer that you allude to.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    14. Re:Why Would ACLU Take This? by cez · · Score: 1

      Lets be real here, this is a rich kid who was wronged but could have avoided it by just showing his receipt and moving on. It isn't that big a deal. This doesn't mean that next he'll let cops search him on the streets whenever they want.


      Why are you so caught up on his financial status? Would it have been better for you if he was dirt poor? Are you that obsessed with money that you automatically think that because he has money, he doesn't deserve his rights? Or are you just riding the hate rich whitey wave and karma whoring to the other slash-sheep out there that see your twisted logic?


      Regardless of how you feel toward his 'class', he was not wrong in any way, or for anything that he did or didn't do. There are reasons why courts are based on law and not social practices. Above all, I believe those enforcing the law should follow it to a T, and if anything, be held to a higher standard in how they do so.

      --
      Walk with Music;
    15. Re:Why Would ACLU Take This? by Anonymous Coward · · Score: 0

      Burgess was easily a hundred times more prophetic than Orwell. Idiots such as yourself only have enough backbone to call people on the Internet "kids" while espousing some inane social philosophy demanding conformity.

      Kill yourself and make the world a better place. I'm sure most people would feel that would be "right."

    16. Re:Why Would ACLU Take This? by bckrispi · · Score: 2, Interesting

      Not at all. He shops at a store and the expectation is he will aid that store in preventing shop lifting so as to keep his price lower. They check receipts to make sure the right thing was rung up.
      Bullshite! The only obligation a customer has to prevent shoplifting is to pay for the items that they remove from the store. Once the transaction is made, the merchandise becomes his private property. The clerk at the door has no more right to demand to see his receipt and merchandise than he has to demand a peek at her sweater puppies.
      --
      Xenon, where's my money? -Borno
    17. Re:Why Would ACLU Take This? by Deagol · · Score: 1
      Ok, let's see if I have this correctly...

      When some rich kid tries to make a point and challenge a needlessly adversarial system, it's bad. But when some rich geek like John Gilmore tries to make a point and challenge a needlessly adversarial system, we all cheer him on?

      What's the difference between these 2 cases? Just because Gilmore has the stones and cash to take his case to the top, whereas the kid didn't, does that invalidate the point the kid was trying to make?

      Do you feel Gilmore's case was equally as frivolous as you appear to regard this kid's case? While obviously different and scope and weight, both cases address what many people feel to be a problem in the core of our day-to-day living.

    18. Re:Why Would ACLU Take This? by IndustrialComplex · · Score: 3, Insightful

      It takes a 'rich kid' to bring things like this to the front more often than not.

      A 'poor kid' would have never had the time/resources to fight this, he would have forked over his ID, and took it because he had to. It takes someone who has the resources to take one for the little guy so that future people won't get the same treatment. The poor kid has to worry about paying for his food/rent and can't afford to spend time defending his rights. Sadly, that's just the way it is.

      Also note that this 'rich kid' had to cut it short because he wasn't rich enough to let it all play out. That should be telling.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    19. Re:Why Would ACLU Take This? by pluther · · Score: 1
      He shops at a store and the expectation is he will aid that store in preventing shop lifting so as to keep his price lower.

      He did nothing to hinder any efforts to reduce shoplifting.

      And reducing shoplifting will do nothing to keep prices lower. This is such an obvious nonsense argument that corporations always put out for every policy they have. Right - they're not trying to increase their profits. Everything they do is for your convenience.

      Bullshit. Prices depend, solely, on what people will pay for something.

      If something can't be sold for less than what it takes to manufacture it, then it won't be made.

      What keeps prices down is competition from other stores. No store will ever lower its prices simply because its costs have gone down. Less shoplifting will mean more profits, not lower prices for you. Yeah, when I worked in PR, I did my part in spreading this nonsense myself. But it is nonsense.

      Everyone needs to cooperate to make it work. He didn't want to...

      He was the only one in the situation that was trying to "make it work". Yes, it would have been easier to simply give in to his illegal detention, but he refused to go along with it. He stood up for his rights and, by extension, yours and mine. That's how freedom works. Not by making it easy for everybody to slowly chip away at our rights.

      --
      If the masses can keep you down, you're not the Ubermensch.
    20. Re:Why Would ACLU Take This? by manifoldronin · · Score: 1

      Especially since it involves a guy who was basically being a prick.

      Well, next time you get arrested in a mall for forgetting to bring your driver's license with you, think again who's being the real prick here.
      --
      Tyranny isn't the worst enemy of a democracy. Cynicism is.
    21. Re:Why Would ACLU Take This? by nate+nice · · Score: 1

      Blow me, hippie.

      Keep fighting for the bourgeois. After all, he's making America a better place by making demands for rights others don't care to protect or pay to protect.

      Travel outside the USA some day and get some perspective.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    22. Re:Why Would ACLU Take This? by p7 · · Score: 1

      How does this aid in preventing shoplifting? If I am shoplifting I am not handing those items to the cashier to put into the bag that security is going to look into. They are likely hidden on your person and because the guy checking the bag doesn't do a pat down, the only thing he could possibly find is things that you stole at or behind the cashier and were stupid enough to put in your bag. Maybe you attached a fake UPC, but that is something that the cashier should be looking at when ringing up the sale. By your reasoning we should submit to a pat down search to aid in keeping costs low. One real possibility is that is really a check on the cashier, but that could also be solved without the bag check.

      The real injustice here is that a person calling the police was arrested for asserting his rights. A police officer should have known that he didn't have to provide identification. He also should have asked the caller what the issue was. The only reason he should have had to submit was if the store was accusing him of shoplifting and if he wasn't he had the right to file false arrest against them. The police officer overstepped his authority and this guy paid for it. Sure he wasn't making things easy on everyone, but he doesn't have to and no way should he have been arrested for doing nothing wrong.

    23. Re:Why Would ACLU Take This? by falconwolf · · Score: 1

      All this means is that he could have avoided a lot of mess for a lot of people by just doing this annoying thing. It isn't very hard. It isn't eroding our rights.

      BS! By standing up for his rights, he's standing up for everyone's rights.

      Falcon
    24. Re:Why Would ACLU Take This? by falconwolf · · Score: 1

      A 'poor kid' would have never had the time/resources to fight this, he would have forked over his ID, and took it because he had to.

      BS! By no means am I rich; I was born low income, didn't marry rich, heck I don't even have a high paying job. What I am is disabled, however I would do the same thing, stand up for my rights. As Patrick Henry said, "Give me liberty or give me death."

      Falcon
    25. Re:Why Would ACLU Take This? by Anonymous Coward · · Score: 0

      How does this aid in preventing shoplifting?

      The idea is that the cashier, being not paid enough to care more about his job than about not going to jail, would be happy to split the proceeds with his buddy who goes through his checkout lane and pretend to check out and pay before leaving with his bagged goods (thus arousing no suspicion).

      Technological measures could help, for instance linking the cash register activity to the cameras that are likely already watching the cashiers handle the cash so one can see whether the person waving items over the scanner is actually ringing them up or not. Instead, it's cheaper simply to make everyone stand in line for the one person who pretends to make sure that all 51 items in the shopping bags match the 50 items on the receipt.

    26. Re:Why Would ACLU Take This? by unitron · · Score: 1

      ...this is a rich kid...

      He identifies himself as 'an "upper middle class 26 year old" ' (that's only a kid to dinosaurs like me) who "In January 2002...started a training and consulting company", and says that he is fortunate enough to be able to afford his legal fees even if they rise to $10,000.

      I suspect that the ten grand is pretty much the upper limit of what he can handle without the situation going from some or significant financial pain to financial suicide.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

  34. Now, sue by mbstone · · Score: 1

    Of course he can still sue Circuit City.

    He should also sue the city under 42 USC 1983 for violating his civil rights. The agreement he was forced to sign, putporting to waive his right to sue the city in exchange for not being criminally prosecuted, is unconscionable and is tantamount to extortion.

  35. Attempted Murder for a beating? Not cool. by FatSean · · Score: 2, Insightful

    No, please stop apologizing for bigots. Would you feel the same way if the white kids had hung up swastikas and some jewish kids had beaten up the ring-leader? Would those jewish kids deserve 'attempted murder' when the bigot walked out of the hospitol hours later with less damage than most people involved in a car crash?

    --
    Blar.
  36. Re:What a jackass by Pig+Hogger · · Score: 1

    If there is a jackass, it's Konath who apparently is a tool as he advocates caving-in to the "surrender your civil rights for cheap merchandise" crowd. Civil rights were hard-won by our ancestors and are far more important than big-box stores anti-shrinkage policies.

  37. He loses by nate+nice · · Score: 2, Insightful

    They dropped the charges, after $7000.00 in fees, headaches for his parents and a waste of civil resources in a DA, judge and officer.

    And what did he end up doing? He admitted the officer did nothing wrong (by virtue of signing his agreement, he admits this) and a lawyer made some money off of him. Now he's parading around like he's a champion. He's not. He's a loser.

    The cop and all his buddies are probably laughing about this one and they all clearly know his name, car, etc. He will catch no breaks with law enforcement anywhere around that place. The courts know he's a trouble maker and he won't catch any breaks with them. There's quite a few agencies waiting to nail him.

    His family was put through all types of stress and duress and were desperate enough to call him late at night and tell him to stop being a jerk. His family is likely embarrassed their son and brother is a borderline lunatic obsessed with unimportant civil law.

    I sympathize with the kid who was tazered. The police used unneeded force to punish someone when it isn't the cops jobs to punish people. This guy though got what he deserved: A $7000.00 bill, lots of wasted time, stressed out and humiliated family and a fat target on his ass for cops and courts to nail one day.

    --
    "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    1. Re:He loses by Anonymous Coward · · Score: 0

      All true.

      Yep. Pretty impressive odds stacked against some simple, basic rights. Thank you for pointing out how much it can cost to defend yourself these days. Kinda makes you suspect he deserves any respect and support he's getting.

      Just 'cause you think he's an ass, doesn't mean he was wrong.

    2. Re:He loses by Anonymous Coward · · Score: 0

      Would you care to explain how he deserved this? Thus far, it's just your opinion, without any reasoning. I find it hard to agree with you.

    3. Re:He loses by Anonymous Coward · · Score: 0

      So is that your sense of Justice served? Is the citizenry better off with this outcome? Will the public be safer, now that the law enforcement body has a readily available public target to harrass and victimize? One that is NOT criminal or violent?

      If you think it is, I do believe that YOU are also part of the problem with this society.

      My guess is you can't see the forest from the trees, much less oppression from complacency.

    4. Re:He loses by izomiac · · Score: 2, Insightful

      Interesting, while I do agree the tazering shouldn't have happened, I don't really feel any sympathy for the kid. He set out to be malicious and resisted the police, plus I can't see what he was trying to accomplish. As for this case, this guy didn't do anything illegal, but refused to let the police and circuit city break the law. Maybe it's just me, but I care a lot more about the permanent loss of "unimportant civil" liberties than someone suffering unnecessary but temporary pain.

    5. Re:He loses by nate+nice · · Score: 1

      Get a grip and fight for something that matters. Fuck wads like this guy marginalize and disrespect those fighting for real freedoms. Look up the 100's of other organizations that are fighting for real rights, not petty BS like this.

      What this guy did isn't helping anyone. But it gives fuel to those who want to destroy other rights.

      Do you even know what suffering means?

      Fuck this bourgeois rights BS. Fighting for rights in the department store? Get real.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    6. Re:He loses by vimh42 · · Score: 1

      Got what he deserved? He stood up for his rights and you're calling him a loser? What's wrong with you? It's a bummer he couldn't follow through. Shall we all not bother with our rights because doing so isn't convenient? What happens when it's something more important to you than showing a cop your ID? Will you accept those in authority doing something unlawful and taking your liberties?

  38. Re:Can you imagine... Yes I can! by alienmole · · Score: 1

    And what lesson did he/you learn from that?

  39. equal? by Anonymous Coward · · Score: 0

    What is equal treatment for someone who has 2 prior battery convictions?
    Should he be "let free"?

  40. I Salute Him by tjstork · · Score: 5, Insightful

    Ya know, I had in my head that this guy was some sort of a punk just looking for attention or money. Having read his blog about the case, I must admit that I am thoroughly impressed with this man and his principaled stand. I was blown away by the calm but strong tone of his wrap up, and his desire to put his family first, in the end. For this right winger, this man is everything that there is to be admired about the left wing, and the United States is better off for his citizen ship.

    --
    This is my sig.
    1. Re:I Salute Him by HolyCoitus · · Score: 1

      Standing up to the government and large corporations is a "left wing" thing?

      --
      That's scary.
    2. Re:I Salute Him by avdp · · Score: 1

      Yes, I generally agree that he should put his family first and I do admire him to letting this go in spite of being thousands of dollars in the hole. The only regret is that the day he was at Circuit City he put his principles over his family that day. Instead of showing his receipt and giving the gift to his sister on her birthday, she got to witness the whole incident crying, then his family got to spend the rest of the day getting him out of jail (and I understand that he was right as far as the law is concerned).

      Classic case of "pick your battles". I think that's the lesson he's learned in the end.

      By the way, I know the guy - he teaches java classes at companies. I've taken a couple of his classes where i work. He's the smartest, nicest and funniest guy in the world (very good teacher too).

    3. Re:I Salute Him by tjstork · · Score: 0

      Standing up to the government and large corporations is a "left wing" thing?

      No, but giving $5000 to the ACLU surely is.

      --
      This is my sig.
    4. Re:I Salute Him by Scudsucker · · Score: 3, Insightful

      I always found it amazing how much conservatives hate an organization dedicated to protecting your constitutional rights.

    5. Re:I Salute Him by tjstork · · Score: 0

      I always found it amazing how much conservatives hate an organization dedicated to protecting your constitutional rights

      When the ACLU joins the NRA to defend the 2nd Amendment, then I will believe they are into defending constitutional rights. Let me see the ACLU sue to block environmental and other legislation because such legislation is a violation of the commerce clause. Let's see the ACLU sue to defend someone who shoots a burglar in his house, rather than the burglar for breaking in. Until then, I have to believe that they selectively sue to advance a liberal agenda.

      --
      This is my sig.
    6. Re:I Salute Him by Scudsucker · · Score: 1

      I was waiting for someone to come in spouting the tired old bullshit about the ACLU and the 2nd amendment. The ACLU depends on donations and pro-bono work.

      Just why, exactly, should the ACLU expend limited resources on gun cases when one of the largest and most powerful lobbying groups in the U.S. is devoted purely to gun rights?

      And why do wingnuts cry over the ACLU not taking gun cases, when the NRA doesn't lift a finger to actually defend gun owners?

      Let me see the ACLU sue to block environmental and other legislation because such legislation is a violation of the commerce clause.

      Hey genius, most of those regulations are based on the commerce clause.

    7. Re:I Salute Him by timothy · · Score: 1

      The ACLU has (perhaps rarely, but still) occasionally defended gun rights; recently in Texas, for instance.

      See http://www.theppsc.org/forums/showthread.php?t=1836

      Cheers,

      timothy

      --
      jrnl: http://tinyurl.com/c2l8yr / foes: http://tinyurl.com/ckjno5
    8. Re:I Salute Him by tjstork · · Score: 1

      Just why, exactly, should the ACLU expend limited resources on gun cases when one of the largest and most powerful lobbying groups in the U.S. is devoted purely to gun rights?

      You echo my point. The ACLU is an organization that mostly sticks to liberal issues!

      Hey genius, most of those regulations are based on the commerce clause.

      And then you really echo my point. What exactly does the environment have to do with commerce? Answer : its a heck of a stretch. Of course, you can always conjure up some economic argument to anything but commerce was meant to be a much more limited thing. The reality is that, if you wanted the federal government to have that right, you would really need to amend the constitution so that it could regulate more. It would need to say: "Article I, Section 8 is amended. Before "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" After "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; regulate the environment, safety, national standards of measurement and compatibilty, and to protect civil rights"

      Instead, you've conjured up this lie that "commerce" is everything to get a practical end. I agree that some of it is useful, but it certainly isn't honest.

      --
      This is my sig.
    9. Re:I Salute Him by Scudsucker · · Score: 1

      You echo my point. The ACLU is an organization that mostly sticks to liberal issues!

      If defending liberty is "liberal", why do conservatives hate liberty so much? And no, I did not echo your point, you incompetent boob. The NRA is far larger and far richer than the ACLU, is devoted purely to gun rights, yet does jack to provide legal assistance to gun owners like Maye or Randy Weaver. WTF?

      And then you really echo my point.

      Sorry, my bad. Your comment was so dumb that I mentally added a few words so it would make sense. When groups sue to block development projects, they do so based on laws like the Endangered Species Act, which is based on the commerce clause. And what environmental suits has the ACLU been involved in, exactly? Google for "environmental suit ACLU" turns up stuff like the group looking into possible law enforcement abuse or a SLAPP suit.

      Instead, you've conjured up this lie that "commerce" is everything to get a practical end.

      Straw man.

    10. Re:I Salute Him by mattwarden · · Score: 1

      Oh, that's right. The left wing is the side that cares about personal liberties this decade. I keep getting confused...

  41. And reality sets in.. by Chas · · Score: 4, Insightful

    It's great to yell and scream about your rights.

    It's great to be able to have the ready cash to spend to help defend your rights when they're infringed upon.

    Unfortunately, there are other pain-points that can be hit by authorities to make you comply with their wishes.

    Lengthy court battles are the root of it. Sure, YOU may not mind taking all that time off work, and spending all that money.

    But what about the people you have to drag into it (witnesses, family, etc)?

    Moreover, they rely on apathy.

    At the time, the anger and outrage are hot enough to barbecue whole cattle.

    But, as time goes on, that anger cools. And it becomes harder and harder to keep oneself motivated.

    The authorities know this. And time is on their side, ESPECIALLY since they've got the deep pockets to back it up.

    --


    Chas - The one, the only.
    THANK GOD!!!
  42. Proud by Silentknyght · · Score: 1

    This gentleman makes me proud. If it didn't cost everyone $7,500 to stand up to injustice, I guarantee there would be less injustice. I can't afford that, and I wager most others cannot either, so we tolerate the injustice because fighting it means we can't also "live."

  43. Re:hey folks by Anonymous Coward · · Score: 0

    Half the time the receipt checkers are standing where they can see you pay for the items, walk directly from the counter to the door. They can see that everything in that bag was put there by the cashier. If you're carrying anything stolen it's hidden where the cashier couldn't see it, and the receipt checker won't see it either.

  44. Did they Taze Him Bro©? by jrmcc · · Score: 0, Offtopic

    That would have shut him up!

  45. Dragging his family along by iminplaya · · Score: 2, Insightful

    See, this is why the bad guys will always win. Because the good guys care and have something to lose. The bad guys don't. This is how rogues operate. So, the guy "won" a tiny victory. Society lost to malignant authority.

    --
    What?
    1. Re:Dragging his family along by pudknocker · · Score: 1

      No, the bad guys win because we don't spend our time trying to stop lobbyists from controlling government, or government pork that could have gone to provide medical care to the needy (substitute your worthwhile endeavor here), instead we worry about the rights of guys who won't show a receipt at the door in Best Buy.

  46. I respectfully disagree by mi · · Score: 0, Troll

    Although exposing the police stupidity and incompetence is a good thing, and I do respect Michael for his stance regarding the police/city on this matter, I disagree with his views on the loss-prevention's right to inspect customers' bags:

    Allowing stores to inspect our bags at will might seem like a trivial matter, but it creates an atmosphere of obedience which is a dangerous thing.

    No, while you are on their property, they are entitled to inspect stuff. If you don't want them to, don't go into the store — their intent to inspect your bag is prominently posted at the entrance.

    Now, you can refuse whatever search you find unreasonable, of course (theirs was not unreasonable, IMO). In that case they can try to prevent you from leaving their property (store, parking lot) — see Citizen Arrest, and take all responsibility for the wrongful arrest.

    Or they can call police, who — armed with the probable cause presented by the store — will inspect your bag for them... Upon inspection they can either let you go, or try to inconvenience you for inconveniencing them. There are many laws in their stinky books to do that. The one used by these cops — "interfering with official business" is one example. "Disturbing peace" is another, and it can be topped with "resisting arrest" at the first word of your indignant objection.

    Another prominent moral of the story, is don't go on a moral crusade while your family is nearby... To them your high horse is just a stinky farm animal, unfortunately. Siblings will cry, parents will bail you out of jail, but your wife will simply call you an idiot.

    --
    In Soviet Washington the swamp drains you.
    1. Re:I respectfully disagree by spyrochaete · · Score: 4, Insightful

      He was on their property when he was asked to show his receipt, but the receipt and the merchandise were his property at that point. Then a manager and an employee followed him outside the store and physically detained the car he was a passenger in.

      A store has a right to protect its property and eject people from its premises. They have no rights concerning someone else's property nor their mobility. They should have written down his license plate number and let the police do the policing.

    2. Re:I respectfully disagree by vondo · · Score: 1

      You are just plain wrong on this. Go read the original /. "article." There is no such right for the store. If they have reason to suspect you of stealing, they can search you or call the police. Entering their store and purchasing something is NOT grounds to suspect you of shoplifting. So they can ask, but not demand, that you submit to a search. Apparently club stores, like Costco, operate under different rules, but public stores like Circuit City are as described above.

    3. Re:I respectfully disagree by blueg3 · · Score: 2, Insightful

      No, while you are on their property, they are entitled to inspect stuff. If you don't want them to, don't go into the store -- their intent to inspect your bag is prominently posted at the entrance.

      Now, you can refuse whatever search you find unreasonable, of course (theirs was not unreasonable, IMO). In that case they can try to prevent you from leaving their property (store, parking lot) -- see Citizen Arrest, and take all responsibility for the wrongful arrest.


      Incorrect. They do not have the right to search individuals. They do have the right to ask you to leave the premesis. They're quite free to ask you to be searched or leave. They cannot, however, decide to search you after you have entered and done business there and attempt to detain you or take your possessions after you've left the premesis.

      They did detain him, and his response was to call the police to be freed from unlawful arrest. (There's substantial documentation on what information is necessary to make lawful arrest for shoplifting.)

      Or they can call police, who -- armed with the probable cause presented by the store -- will inspect your bag for them... Upon inspection they can either let you go, or try to inconvenience you for inconveniencing them. There are many laws in their stinky books to do that. The one used by these cops -- "interfering with official business" is one example. "Disturbing peace" is another, and it can be topped with "resisting arrest" at the first word of your indignant objection.

      Aah, but not showing a receipt or refusing a search is not probable cause. Someone leaving the store without submitting to a search is evidence for nothing, and the police are required to treat it as such.

    4. Re:I respectfully disagree by Changer2002 · · Score: 2, Informative

      Probable cause in shoplifting cases is generally accepted to consist of 6 things, including seeing someone conceal an item. Not showing your receipt is probably not sufficient probable cause. See http://www.expertlaw.com/library/security/shoplifting.html/This link

    5. Re:I respectfully disagree by 808140 · · Score: 2, Informative

      For the record, this is the fourth amendment to the US constitution:

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      Notice that this amendment does not in any way restrict only the activities of the state; it does not say "... shall not be violated by the state but may be violated by private citizens or corporations if the people stand on their private property ..." or other such libertarian nonsense.

      Once I (or anyone else) has purchased an item from a store, and paid for said item in full, the item belongs to me. It does not still belong to the store simply because I am still on the store's property, nor does the store magically have the right to search me or my belongings simply because I am still on their property.

      Your property argument, to me, is a bit like saying "You knew you were going to be raped if you came to 808140's house; there is a sign on the door that indicates his depraved intentions clearly. If you didn't want to be raped, you shouldn't have gone to his house." The problem with this statement is that rape is illegal, no matter what I have posted on my front door. Private property or no, sign or no, I will (thankfully) be unable to justify my rape of you in court simply because you deigned to enter my home.

      This situation is much analogous, except the statute is the Fourth Amendment of the Constitution of the United States. You may think I'm arguing in extremes, but you'll notice that the founding fathers did not think to decry rape in that highest document in the land -- but they did think to protect my right to be secure in my person.

      I understand that receipt-checking makes it easier for the business to catch shoplifters; I empathize with their motives. I also understand implanting a tracking chip in every man woman and child in this country would make felons easier to apprehend. Thankfully, we Americans have, historically at least, been unwilling to sacrifice our civil liberties simply to make law enforcement easier for those tasked with enforcing it.

      This practice of checking receipts and belongings when you leave the store is completely unacceptable. Furthermore, there is no reason to do it. Many stores are designed so that the only way to exit the store is by passing through checkout, and have an aisle specifically for people with no items to purchase. This aisle can be observed and if a shoplifter is suspected security can then detain him. The result is just as good as Circuit City's or Fry's policy, I'm sure. Better, perhaps, because the latter's only protects against shoplifters who clandestinely add an item they didn't purchase into their shopping bag, and does nothing against the shoplifter who simply places an item into his inside pocket, for example.

    6. Re:I respectfully disagree by 808140 · · Score: 1

      Unfortunately for me, I appear to have been mistaken about the character of the fourth amendment (although I stand by the thrust of my post -- I see it as how things ought to be). In United States v. Jacobsen, SCOTUS decided that the 4th amendment did not apply to private citizens -- not surprisingly in a case involving drugs.

      What a sham.

    7. Re:I respectfully disagree by Anonymous Coward · · Score: 0

      WRONG.

      Once outside the store, they have NO right to inspect anything. By the same right, if they choose to hold him, and it turns out there is no probably cause, then he has every right to sue for False Imprisonment, which is a significant civil tort.

      It's also been determined by MANY court cases that refusing a search of a normal US Citizen is NOT probable cause for search and seizure. This man stood up for his rights.

      The cops do not, and should not, have the infinite powers you're granting them. He had them, and they knew it. He could have sued, and won. The laws you quote are VERY strictly defined, and proving that you weren't in violation is not hard, although time consuming.

      And ALWAYS go on moral crusades. They're what keeps this society in one piece. Cattle like you are what let it fall apart and give all the power to the governments that don't deserve it. I don't know what kind of messed up family you have, but I know that mine would not only respect the choice I was making, but support it as well.

    8. Re:I respectfully disagree by illumin8 · · Score: 1

      No, while you are on their property, they are entitled to inspect stuff.
      This is so wrong it's not even funny. If you came over to my house and I said I had the right to search you and all of your posessions I would be completely out of line. Nobody has the right to search you, unless you give it to them. If they forcibly try to search you it's called assault and it's against the law. Now, there is a special exception for law enforcement, but it requires probable cause or a warrant issued by a judge.

      God, I wish there were more people like you. I'd invite you over, ask you to search your wallet, then you'd probably find all your money missing when I gave it back to you.
      --
      "When the president does it, that means it's not illegal." - Richard M. Nixon
    9. Re:I respectfully disagree by Anonymous Coward · · Score: 0

      No, while you are on their property, they are entitled to inspect stuff. If you don't want them to, don't go into the store -- their intent to inspect your bag is prominently posted at the entrance.


      No they are not entitled to "inspect stuff" just because you are on their property. If you are at my house, do I have the right to summarily inspect your pockets and bags? The answer is NO. If I believe you have stolen something from me I can ask you to leave, or I can can call the police who DO have the authority to search you.

      Having a sign at the entrance is not a contract and it does not mean I give up my rights as a citizen. If they have a sign that says "all babies entering the store may be subject to blenderization" does it mean they have the right to put babies in blenders?

      Or they can call police, who -- armed with the probable cause presented by the store -- will inspect your bag for them


      Not showing a receipt for goods that belong to you is not probable cause (or even reasonable suspicion, which is the standard to which most shopkeeper laws adhere). Reasonable suspicion is most states is directly observing a customer removing an item from the store without paying. If you had read the original story you would know the manager specifically stated he was not accusing the customer of shoplifting but then the manager continued to detain him by blocking his egress. The manager did not call the police because he had no reasonable suspicion that a crime had taken place. No crime == no citizens arrest therefore the customer was unlawfully detained.

      Another prominent moral of the story, is don't go on a moral crusade while your family is nearby... To them your high horse is just a stinky farm animal, unfortunately.


      I totally agree. While I think the way the guy handled the affair was somewhat dickish, he was totally within his rights in every action that he took.

    10. Re:I respectfully disagree by another_neophyte · · Score: 0

      I always thought the checking of the receipt at electronics stores was really to ensure that the customer and the checkout clerk were not conspiring to steal something by not including it in the register total. Otherwise, as you say, most of these stores the only way out is either through checkout or a lane right in front of the receipt checker.

    11. Re:I respectfully disagree by parcel · · Score: 1

      The first Clause of the Fourth Amendment provides that the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . . ." This text protects two types of expectations, one involving "searches," the other "seizures." A "search" occurs when an expectation of privacy that society is prepared to consider reasonable is infringed. 4 A "seizure" of property occurs when there is some meaningful interference with an individual's possessory interests in that property. 5 This Court has also consistently construed this protection as proscribing only governmental action; it is wholly inapplicable "to a search or seizure, even an unreasonable one, effected by a private individual not acting as an agent of the Government or with the participation or knowledge of any governmental official." Walter v. [466 U.S. 109, 114] United States, 447 U.S. 649, 662 (1980) (BLACKMUN, J., dissenting). 6 (emphasis mine)

      So I read that as "The government is the only entity which is bound by the Constitution". Which perhaps makes sense given the assumption that ordinary laws would address this. In the context of the decision I think all it says is that the evidence retrieved by the DEA agent was admissable because the unreasonable search was not performed by the DEA agent, and the agent had no involvement or knowledge of the search before it had taken place. Something along the lines of the shipping company's crime has no bearing on the DEA agent's actions. The person who had shipped the package would then certainly be allowed to go after the person performing the unreasonable search under any applicable state or federal law. Do you read that the same way?

      Not that I agree... especially the way that the Bill of Rights is written, asserting our rights rather than what the government can't do. But I don't think it's quite as heinous as it seemed at first, given that the government agent must have no involvement whatsoever... so it isn't like they can get around the Constitution by recruiting private citizens to run around opening people's mail to find drugs.

      Applied to this situation, I believe it would mean that, although you couldn't go after Circuit City on the 4th amendment, you most certainly could go after them for assault and the unreasonable search under federal or state law. At least, I certainly hope there's a law somewhere that says you can't just go up to someone and force them to show you their posessions.

      fascinating read, though... thank you for the link!
    12. Re:I respectfully disagree by Anonymous Coward · · Score: 0

      Sometimes I wonder what it's like visiting someone who thinks that "private property" imbues the owner with such powers. "Excuse me, but I must search your wife before you leave my private property. This is my private property, entitling me to do whatever I want to, which you have agreed to implicitly by coming onto my private property. It is private property, after all."

      I'm guessing the Slashdot wing of the Libertarian Party doesn't have many repeats for dinner parties.

    13. Re:I respectfully disagree by pz · · Score: 1

      He was on their property when he was asked to show his receipt, but the receipt and the merchandise were his property at that point. Then a manager and an employee followed him outside the store and physically detained the car he was a passenger in.

      A store has a right to protect its property and eject people from its premises. They have no rights concerning someone else's property nor their mobility. They should have written down his license plate number and let the police do the policing.


      Indeed, what the store employees did amounts to unlawful detention and kidnapping. CC should be sued.

      --

      Put my fist through my alarm clock with its ding-dong death inside my ear. - The Blackjacks.
    14. Re:I respectfully disagree by Catbeller · · Score: 1

      The 4th amendment and its applicability to private businesses is just fine. What happened is the SCOTUS has been, well, fucked up with right-wingers who consistently side with expanded police powers since the Nixon administration. Hell, they limited the scope of the 9th amendment, with no justification, because the 9th trumps a lot of this idiocy (9th: just because we didn't list a right doesn't mean it doesn't exist). This reign of witches will pass, but since Bush picked some REALLY young men for the SCOTUS, you may have noticed, it may be a half century or more (considering life extending tech available in the future) before these screw-you-there's-a-drug-war-on idiots die and we replace them with scholars who understand that cops ain't a country.

    15. Re:I respectfully disagree by celle · · Score: 1

      "Another prominent moral of the story, is don't go on a moral crusade while your family is nearby... To them your high horse is just a stinky farm animal, unfortunately. Siblings will cry, parents will bail you out of jail, but your wife will simply call you an idiot."

      All this means is that your family is a bunch of arrogant groupthink idiots (that includes the wife) when you're standing up and protecting your rights and by extension theirs. If singular individuals won't fight when they are right, where will be those fine outstanding examples of proper citizenship to the children come from. This is an example of the bad things that are coming.

      This guy is a hypocrite, some bluster but little balls. The rest of the family are sheep(drones) too afraid to fight at all and have too little intelligence to recognize harassment for what it is by fighting it at every instance. Fight it out to the end, that's how this country was made. Besides if going into court to protect our rights is that much of an inconvenience, those that have died didn't think so, then the country is a complete success and by definition of that success already lost.

      If "high horse" has to be used then it means that standards have already collapsed.

      By the way, if your wife calls you an idiot maybe you need a new wife.

      The guy surrendered, he lost.
    16. Re:I respectfully disagree by mi · · Score: 1

      I'm certainly allowed to chase someone I suspect of stealing things from me... It may be stupid/dangerous for me to do so, but there is nothing illegal about it. Thieves are caught this way quite often, and nobody blames their victims for chasing them — when their suspicions prove to be correct, of course.

      I can chase and tackle them even on the public street — and certainly so on my driveway (store manager caught up with Michael on the store's parking lot).

      The guy and the store have different view of the shopping experience. Imagine the following:

      • Sir, you can't leave without paying.
      • My name is Michael Righi, and my address is such-and-such. Please, send me the invoice.
      • No, we can't allow you to leave without paying now.
      • Are you accusing me, your customer, of planning not to pay?!?!

      The above is only slightly less outlandish than what actually happened. If you disagree with a firm's methods, don't do business with them (unless there is no competition, which is not the case here). Doing business under your own rules causes trouble for all concerned...

      Police, of course, acted as the dirty scum they have to be to keep order, bogusly invoking a bogus law to cause enough trouble to "a troublemaker" (who has not done anything illegal) to make him less likely to cause (legal) trouble again.

      --
      In Soviet Washington the swamp drains you.
    17. Re:I respectfully disagree by spyrochaete · · Score: 1

      Stealing from a person and shoplifting are very different matters. Unless I was the sole proprietor of a store I'd never care enough about merchandise to detain a shoplifter physically. I'd get his license plate number and notify the police. I'm concerned that the the Circuit City situation teaches us that it's okay to take the law into your own hands.

      As for the cop, I definitely disagree with him. Righi was compliant with the cop for all his requests except his demand to produce identification. If American law sides with civilians on this matter then that's an important distinction and no one has the authority to revoke that right. Americans have the right to a relatively free society in general, but also to specific freedoms. That's what defines the character of a country.

      All this being said, I myself have daydreamed about walking past receipt checkers but I can't be bothered. I'd rather take the path of least resistance on that matter. If it's my right to keep my receipt to myself then I'm content enough knowing this that I don't need to practise it. If the law is in my favour then I don't feel the need to test it.

    18. Re:I respectfully disagree by rtechie · · Score: 1

      If they have reason to suspect you of stealing, they can search you No actually, they can't. This has been fought in courts many times, and the actual law of the land is that if a security guard (who is not a peace officer as well) TOUCHES you for any reason whatsoever without your explicit written permission, it's assault. The concept of "probable cause" only applies to police officers. Technically speaking, if a security guard personally sees you stealing the merchandise he STILL can't touch you. He has to wait for real police to arrive or he can be charged with assault.

      Remember that the filing fee for small claims court is usually less than $50 and you can sue for up to $5000 in "pain and suffering" for security guards tacking you for doing nothing. This guy shouldn't sue the cops (who are judgment proof) he should sue Circuit City.

      Just tell this to security guards to try to stop you: "You could tackle me, and then I'd beat your ass and sue the store. You will be out a job and the store will lose thousands of dollars. I make a living suing businesses, care to be next?"

      This usually works.

      Apparently club stores, like Costco, operate under different rules You sign a contract explicitly agreeing to such searches when you get your membership. However, this does not mean that Costco has the right to tackle and arrest you for not showing your receipt. ALL they can LEGALLY do is take away your membership, since you violated the terms of the contract. That's it.

    19. Re:I respectfully disagree by unitron · · Score: 1

      The police officer did not ask for identification, he asked for a driver's license from someone who was not operating a motor vehicle at the time.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

    20. Re:I respectfully disagree by mi · · Score: 1

      Unless I was the sole proprietor of a store I'd never care enough about merchandise to detain a shoplifter physically.

      You would not care, but you'd have a full right to. That's my point — there is nothing outrageous about the store's policy. That's where I (respectfully) disagree with Michael, who thinks such policies somehow violate Constitution and turn us all into slaves. Or something.

      As for the cop, I definitely disagree with him.

      I do to. I think, I was quite explicit about it.

      --
      In Soviet Washington the swamp drains you.
  47. Re:What a jackass by Kohath · · Score: 1

    Who is this "Konath" person?

    Our ancestors wanted to live in a society. Anti-social losers like this whiner were treated at least as bad by our ancestors as this guy was treated. There were certain minimum standards of behavior in adult civilization back then.

  48. Re:hey folks by Volante3192 · · Score: 1

    maybe just show your damn receipt? and get on with your day?

    Why should I let myself be treated like a criminal? They have no suspicion of illegal activity. They're illegally detaining me. If I want to walk out, I am.

    If you submit to receipt checking, what's next? Metal detectors? The wand? "Secondary inspection?" It only takes a small earthquake to make a major avalanche.

  49. so how do you stop a shoplifter? by circletimessquare · · Score: 0, Troll

    i know, the common sense in that question is too much for you

    but don't mind me, i'm just the advance guard for the coming fascist thinking right?

    i mean, it couldn't be that i'm just thinking about common sense. obviously, i'm the personal advance guard of emperor palpatine and agent smith with my words, right? i'm a goosestepping shocktrooper right?

    (smacks forehead)

    no, i am most definitely not what is wrong with the world today

    what is wrong with the world today is self-involved hysterical twits who's delicatef lower nature is deeply affronted and go apeshit, because... drum roll please... are you ready for the massive assault on rights and personal liberties?: SOME RENT-A-COP JUST ASKS YOU FOR A RECEIPT

    omg! it's like the gulag!

    maybe, gee, i dunno, i'm going to go way out on a limb here: HE COULD HAVE JUST SHOWED THE RECIPT AND HAD A NICE DAY

    i know, that's some really wacky fascist thinking on my part, right?

    pffffffffft

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:so how do you stop a shoplifter? by CrashPoint · · Score: 2, Informative

      what is wrong with the world today is self-involved hysterical twits who's delicatef lower nature is deeply affronted and go apeshit, because... drum roll please... are you ready for the massive assault on rights and personal liberties?: SOME RENT-A-COP JUST ASKS YOU FOR A RECEIPT
      You are illiterate and/or lying. The infringement of rights did not come from being asked for a receipt, nor did Righi claim that. It came from being illegally detained for not showing the receipt (which he was under no obligation to do).

      Sure he could have just showed his receipt. But he wasn't obligated to. The store manager, however, could have let him walk right on out whether he showed the receipt or not, and damn well was obligated to.

    2. Re:so how do you stop a shoplifter? by Anonymous Coward · · Score: 0

      yes it is an easy simple thing to show the receipt. But you are not forced to do it. Stop being such a cowardly pendantic liberty whore.

      Also, in the context of being within circuit city, you ARE being facist, look it up someday. Yeah you could show your receipt and have a nice day. *CLAP* *CLAP* *CLAP*.

      You SHOULD also be able to NOT show your reciept and have a nice day, you know, if people were to obey the fucking law. This guy doesn't really give a toss about whether or not he has to show a reciept, i mean it is just a reciept. What he, and everyone else cares about, is that someone would force you to do "X" when they have no right.

      In this case "X" being showing a reciept. Stop belittling the issue with your cowardly sarcastic BS.

    3. Re:so how do you stop a shoplifter? by Anonymous Coward · · Score: 0

      What happened to him has nothing to do with stopping shoplifting. All that the store person has to do is to stay moderately alert, and watch the people walk from the checkout counter to the door. Checking for a receipt and looking in the bag does nothing to stop shoplifting.

    4. Re:so how do you stop a shoplifter? by Rob+the+Bold · · Score: 2, Insightful

      maybe, gee, i dunno, i'm going to go way out on a limb here: HE COULD HAVE JUST SHOWED THE RECIPT AND HAD A NICE DAY

      If the guy feels that it's a fight that's worth having, then it is. Sure it would be easier to show his receipt and have no hassle. But sometimes people decide that this time it's worth it to put forth the effort and not do the easiest thing.

      Here's an example: There's a guy on Slashdot who thinks that the whole Circuit City thing was excessively escalated by some guy just basically being a jerk. So he takes the time to post that opinion. Others disagree, so he responds, reiterating his opinion, when it would have been just as easy --easier, really -- to leave it at that. But he continues the argument anyway. Why doesn't he just forget about it and let them have the last word? It would be easier, sure, but I think that this is an issue that this Slashdot guy feels strongly enough about that he's willing to put up a fight over it, even knowing that no one will "win" that argument.

      --
      I am not a crackpot.
    5. Re:so how do you stop a shoplifter? by taustin · · Score: 1

      You apparently do not understand the difference between "ask for a receipt" and "hold you prisoner against your will - in a criminal fashion - if you say no." The guy didn't ask for a receipt, he demanded it and committed at least two crimes (three counts on one of them) when to to blow.

      And you approve of that.

      You're beyond fascist police state, son. This wasn't the police exercising fascist police state powers, it was a rent-a-cop.

      If there's any justice in the world, you'll learn that difference first hand, one day soon.

    6. Re:so how do you stop a shoplifter? by arkhan_jg · · Score: 1

      If the store employee saw him steal something, they can perform a citizens arrest and hold him until the police arrive. If they get it wrong, they can be sued for a selection of offences, including false imprisonment, so they better be sure he actually stole something.

      If they don't see him do anything, then tough luck. They can call the police and let them deal with him.
      The police don't have the right to arbitrarily search people without cause, why on earth should a fellow citizen, with far less oversight, have that right?

      SOME RENT-A-COP JUST ASKS YOU FOR A RECEIPT
      And to search his bag. Don't forget that bit. Hmm. I think you're a thief. Please take photos of the entire contents of your wallet, including your credit cards, and post them on the internet where I can see them. Or does privacy and protection from unlawful searches only matter when it's *your* privacy?


      i know, that's some really wacky fascist thinking on my part, right?

      Yup, it's blind accession to fake authority lying and pretending they have legal authority to perform searches when in fact it's illegal for them to do so, and support of detainment and the requirement to present ID by a cop who again had no right to do so is indeed fascist thinking. Well done.

      --
      Remember kids, it's all fun and games until someone commits wholesale galactic genocide.
    7. Re:so how do you stop a shoplifter? by DamnStupidElf · · Score: 1

      Common decency is one thing. Circuit City did not extend this courtesy to Michael, which is why he had no reason to extend the courtesy of showing his receipt to the "guard" at the door.

      The time and place to examine merchandise leaving the store is at the cash register. All merchandise must be out in the open at that point, and if the cashier is too stupid or incompetent to make sure all the items are paid for, it's the fault of the cashier and the company that hired them. After the customer has exchanged payment for the items, the store has absolutely no claim on the items or on the person carrying them. Asking to see the receipt is not common decency, it's rude. The implication is that either the customer is a thief or the store is incompetent and undeserving of the customer's patronage. The guard at the door is to cover the sloppy asses of the underpaid cashiers at the inconvenience of the customer. Nothing more.

      I would like to inspect all the cash registers and financial systems of the stores I shop at in order to ensure that they didn't overcharge me (how do I *really* know that they charged my credit card what it says on the terminal?). If I can't do that, then they can't ask to see my receipt after I've paid. It's as simple as that.

      If you're concerned about common sense and decency, ask the stores to have some.

      i know, that's some really wacky fascist thinking on my part, right?

      Yes, the idea that normal people should listen to and obey anyone in authority without question is decidedly fascist. The degree of fascism is small, but who cares? Not seeing one measly receipt is no big deal for Circuit City either. They should just accept the fact that some people don't want to show their receipt and have the common sense and decency to accommodate them.

    8. Re:so how do you stop a shoplifter? by Darby · · Score: 1

      what is wrong with the world today is self-involved hysterical twits who's delicatef lower nature is deeply affronted and go apeshit, because... drum roll please... are you ready for the massive assault on rights and personal liberties?: SOME RENT-A-COP JUST ASKS YOU FOR A RECEIPT

      What a fucking idiotic lunatic you are. Are you even capable of dealing with reality?

      You're not saying anything that indicates that you even understand anything about what happened and you're therefore coming across as a delusional lunatic.

      Your sentence above has nothing to do with the situation. Let's take it nice and slow in the hopes that with a lot of effort you'll be capable of understanding a very very simple situation:

      The RAC asked for his receipt. Fine, that's within his rights. The man refused. Fine that's well within his rights. He has no reason whatsoever to submit to any sort of search by said RAC.

      OK, that is the extent of what you covered in that sentence except that you assume that somehow there is some reason for him to sumbit which there quite obviously is not. That is the first major delusion you're suffering from.

      Now, then you go on to pretend that somehow his declining the search was in any way related to what followed. That is false.
      Once he refused the search, the interaction was over. He did everything that could be expected of him and was going on his way.

      Now, those are the facts of the matter. They are not subject to debate. Your feelings about how he should have handled the situation are entirely irrelevant. The fact is that he was asked to do something he had no obligation or reason to do and so opted not to do it. Good luck trying to justify your insane whining about how he should have gone out of his way to promote somebody else's interest. There is no law requiring him to do anything of the sort, so that was the end of any *legal* actions the store or the police could take against him.

      Now, given that this was the situation, at that time the store employee crossed over the line and began engaging in *illegal* activities. When the cop arrived, the man was perfectly cooperative but the cop wasn't happy with the man happily meeting *every* legal requirement so the cop opted to violate the law.

      Now, I know you are a coward and believe that people should do whatever they're told as you made perfectly clear in your post, but a lot of people do not subscribe to your cowardly world view. As of today, it is still within my rights not to be the sort of weak willed pussy that you have chosen to be. Given that I do still have that right, your post is shown to be utterly ignorant worthless and quite a bit insane.

      Perhaps you should pay attention once in a while rather than leaping to the defense of the criminals in this matter with idiotic, uninformed cowardly drivel?

    9. Re:so how do you stop a shoplifter? by bkr1_2k · · Score: 1

      Did you miss the part where the guy said no (or ignored the Rent-a-cop) and then was unlawlfully detained? I agree, he was being a pompous ass for not just showing the receipt, and then pushing the matter, but he was within his rights to do so.

      The problem arose at that point. When the store employees detained him. It got worse when the police officer broke the law and arrested him. The guy should have never dropped his case. He should have sued the police department, or at least the individual cop and the store employees for unlawful imprisonment.

      Just because you make sarcastic remarks, doesn't make them correct. You are both right and wrong about the situation. It is overdramatic "hysterical twits" that are wrong with our society today. It's also people like you, who think it's okay to "let it slide" for the sake of convenience.

      --
      "Growing old is inevitable; growing up is optional."
    10. Re:so how do you stop a shoplifter? by soleblaze · · Score: 1

      YHBT HAND

    11. Re:so how do you stop a shoplifter? by Scudsucker · · Score: 1

      I agree, he was being a pompous ass for not just showing the receipt

      Since when does standing up for your rights make you a pompous ass?

    12. Re:so how do you stop a shoplifter? by bkr1_2k · · Score: 1

      Depends mostly on how you stand up for your rights, not the fact that you do. The guy explained in his own blog that he was deliberately ignoring the people and didn't offer any explanation to the store employees or the cop about why he didn't acquiesce to the requests that he show his receipt.

      If he had just said, "look, you have no authority to do this and I am not obligated to show you the receipt" then I doubt there would have been a problem. But he was deliberately being confrontational by not explaining his situation. When the cop arrived, he also did not offer "anything but my name" and was again, deliberately being confrontational.

      I'm not saying the guy did a bad thing by standing up for himself. Quite the opposite, I like to do it the same way, but I'm more polite about it and it seems to work wonders. I don't get hassled, and I certainly don't get arrested, but I also don't give up my rights either.

      --
      "Growing old is inevitable; growing up is optional."
  50. interesting by Anonymous Coward · · Score: 1, Insightful

    I understand his argument, but I wonder if the police are allowed to ask for identification if you call them. He called the police, I wonder if that makes the circumstances any different. I understand this is to keep people from being harassed, but if you call the police out it seems reasonable that they would need to be able to document their call and know for sure whom called them out.

    1. Re:interesting by Anonymous Coward · · Score: 0

      "Whom" couldn't have called them out. Whom can't do anything at all, really. Now its cousin "who" on the other hand...

    2. Re:interesting by chill · · Score: 1

      You're implying that only those with valid papers are entitled to police services? That's even scarier than the original scenario.

      --
      Learning HOW to think is more important than learning WHAT to think.
  51. Get your facts straight. by Anonymous Coward · · Score: 0

    "No, please stop apologizing for bigots."

    No, stop commenting without knowing the facts.

    1. Charges were already reduced
    2. One has 2 prior criminal convictions for battery. How is setting him free "equal" treatment?

    http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/70915030

  52. Sometimes saying "no" is not as costly by bpotato · · Score: 2, Interesting

    I had a similar experience with (I think) CompUSA in Knoxville, TN a few years back. Mine was even more straightforward, though, and ended up in no hardships like this gent faced. Basically, I went in and bought _one_ thing. I even said "no thanks" to a bag. I head for the door with the receipt in one hand and the item in the other. On the way out, this woman appears out of nowhere, surprises me, and says "sir, I need to see your receipt." After a shocked step back, I say, "uh, no." I walk around her and keep going for the door. I guess she was surprised that I said no, because she didn't even follow for a few seconds. I get about half way across the parking lot before she catches up, yelling she has to see my receipt. I say, "no." She says, "why not?" I say, "I have *one* item in my hand. You can see that. I have a receipt in my other hand. You can also see that. What on earth do you think the receipt is for? Why would you need to see it to verify that it is for the one item I clearly just bought at the cash register I just left inside your store?" She says, "I need to make sure the item is on the receipt. We have problems with our cashiers ringing the wrong thing sometimes." I respond, "that is between you and your cashiers. I paid for the item I am holding. Your choices at this point are to call the police, in which case I will happily wait for their arrival. OR, I am going to get in my car and drive away." She just stood there, which I took for her choosing not to call the police, so I left. So the moral of my story is that sometimes saying "no" doesn't really cost you anything, and clearly in these cases it is the right thing to do. OH! I would also note that if everyone said "no", there would be no reasonable way for them to arrest everyone.

    1. Re:Sometimes saying "no" is not as costly by Anonymous Coward · · Score: 0

      yeah i smell bs..

  53. Justice is blind... by ZuluZero · · Score: 2, Funny

    to 8 by 10 glossy photos ;-)

  54. Re:Attempted Murder for a beating? Not cool. by adam1234 · · Score: 5, Insightful

    Would you feel the same way if the white kids had hung up swastikas and some jewish kids had beaten up the ring-leader?
    Yes.

    Would those jewish kids deserve 'attempted murder' when the bigot walked out of the hospitol hours later with less damage than most people involved in a car crash?
    Yes.
  55. Re:Attempted Murder for a beating? Not cool. by TheLink · · Score: 1

    "Would those jewish kids deserve 'attempted murder' when the bigot walked out of the hospitol hours later with less damage than most people involved in a car crash"

    To me a lot depends on the intent.

    If they were just intending to bash someone, and that someone got bashed and didn't die, the IMO while it's still a crime it's definitely not attempted murder.

    And even if that person did die, it's not attempted murder, but it's:
    1) a serious crime for beating that person
    2) A crime of homicide, as for what sort of homicide - that's for the courts to decide, same for mitigating circumstances

    --
  56. Re:What a jackass by Anonymous Coward · · Score: 0

    This is one of the reasons why I hav +5 flamebait turned on.

  57. are you serious? by circletimessquare · · Score: 1, Insightful

    do you know what fascism is?

    what kind of paranoid hysterical low iq twit mistakes fascism for a rent a cop asking for a receipt?

    what the hell is wrong with you?

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:are you serious? by Volante3192 · · Score: 1

      They're not even rent-a-cops. They're *store employees.* Which is even worse.

      Ok, how about this. Stores just lock up everything behind glass. Want to look at a box? Need to call someone over to unlock it, even if it's just a 50 cent pack of gum. Then they collect what you want and you pick it up after you leave.

      What I don't see is how anyone can justify letting themselves be detained, without cause or legal grounds, willingly. Don't you have any pride in yourself and what this country is supposed to stand for? Or are you just more accepting to sacrifice rights in the name of convenience?

      Sure, stores have a need to do what they can to curb shoplifting; that's what the blacked out half-globes on the ceiling are for. What they don't do is have a right to interfere with you.

  58. Arrest them all, let the lawyers sort it out by Maximum+Prophet · · Score: 2

    Cops are not lawyers, not even close. There's no reason to expect them to know all the laws, or all of your rights. Do you even know all your rights? Many cases before the SCOTUS have ended in split decisions, so that means that there exist some very smart legal minds that would have done the wrong thing. (If they had been the cop or the arrestee)

    A real police state would bring everyone in for questioning at least once a year and random times in between just for questioning, just in case they had done something wrong. Yeah, that's the ticket.*




    * Note for the humor impaired, yes, this is satire.

    --
    All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    1. Re:Arrest them all, let the lawyers sort it out by Anon-Admin · · Score: 2, Insightful

      Ignorance of the law is not an excuse for breaking the law. If the cop was ignorant of the law and where the law stood, he could have radioed in and asked.

      I would add that it is his job to know the law and to be able to notify you of laws you have broken before/while detaining you. As such, if he is unable to notify you of the laws you have violated then he is negligent in his duties and has insufficient training to hold such a position of authority.

    2. Re:Arrest them all, let the lawyers sort it out by Maximum+Prophet · · Score: 1

      Ignorance of the law is not an excuse for breaking the law.
      Does that come from the Constitution, Congressional Statute, or an old episode of "Father Knows Best"?

      It sounds good, but is it realistic for anyone to know all the law? It's not like Congress sends you a memo everytime they change things. As a matter of fact, they're still trying to decide if the law books are public domain, or can be owned by the few publishers that publish them.

      There is a theory that the law is compartmentalized enough that you can just read the parts that apply to you, and not worry about the rest. Stuff like corporate accounting isn't applicable to most people, so skip those. The thing is, I've never seen it proven. There is a "Law for Dummies" book, but even it disclaims being definative.

      Do you really think it's reasonable for the cop to get on the blower and call back every time someone tells him he might not be following the law? Do the dispatchers even have 24hr access to lawyers to give the beat cops advice? I doubt most cops have access to all the law books, much less someone skilled in interpreting them.

      In this particular case, I didn't see any downside for the cop involved, so the best advice to him would be to do the same thing again. Arrest first, let the lawyers straighten it out. rinse/lather/repeat. There was no downside for the city either. They don't get sued, or spend money in a trial. If you were the DA, what would you tell the cops? I imagine it was "Good job, keep bringing them in, I'll figure it all out."
      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    3. Re:Arrest them all, let the lawyers sort it out by Catbeller · · Score: 1

      "Does that come from the Constitution, Congressional Statute, or an old episode of "Father Knows Best"? "

      It comes from every damned judge, lawyer, and cop who ever busted and bankrupted someone who didn't know he broke the law. Somehow, it should apply to the cop as well. That would be a concept we call "justice". A concept almost considered communistic in the US, it seems.

    4. Re:Arrest them all, let the lawyers sort it out by Anon-Admin · · Score: 1

      The concept comes from Roman law, and is expressed in the brocard ignorantia legis non excusat.

      The essential public character of a law requires that the law must apply to anyone in the jurisdiction where the law applies. Thus, no one can justify his conduct on the grounds that he was not aware of the law.

      http://en.wikipedia.org/wiki/Ignorantia_juris_non_excusat

    5. Re:Arrest them all, let the lawyers sort it out by celle · · Score: 1

      If they have to enforce the laws they should know them, if they don't they should be somewhere else. Otherwise, what authority are they actually under when they arrest you? Innocent until proven guilty means unless you're breaking the law they've got nothing and how can they tell if they don't know the law? After all they are the judge and jury at the scene of the supposed crime.

    6. Re:Arrest them all, let the lawyers sort it out by Acuram · · Score: 1

      I agree. Maybe a more sensible thing to do would have been to just show the cop the ID and work out the right and wrong of it with his supervisor afterwards. It would have saved him a lot of money and frustration. The CC manager on the other hand... I would want his job on a platter.

  59. what the hell is wrong with you? by circletimessquare · · Score: 0, Troll

    do you know what fascism is?

    what kind of paranoid hysterical low iq twit mistakes fascism for a rent a cop asking for a receipt?

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:what the hell is wrong with you? by Darby · · Score: 1

      do you know what fascism is?

      what kind of paranoid hysterical low iq twit mistakes fascism for a rent a cop asking for a receipt?


      Look, you were dead wrong in the first place, the parent explained it to you in small words and then you repeat the idiotic nonsense he just proved to you was bullshit from the start.

      the RAC *asking* for the receipt isn't fascist behavior.

      Illegally detaining him for not *choosing* to do something which he was under no obligation to do is an entirely different thing.

      Now, you knew you were lying in the first place, the parent proved it to you beyond any doubt and yet here you are retelling the same exact fucking lie.

      Shut up you lying fool of a troll until you learn basic common sense and some ability to think.

  60. re: showing your receipt by King_TJ · · Score: 1

    I agree that stores should be able to hire someone to stand around and *ask* if they could please see your receipt, if they think this will really deter some theft for them. There's no law against asking.... BUT, by the same token, you, as a paying customer, should have every right to *ignore* that request too.

    The laws on shoplifting are fairly clear, anyway. You're not allowed to do anything to a suspected shoplifter until after they walk out of the store. Even if you stand there and watch them shove something in their pocket, there's no law broken yet if they haven't left store property with the item.

    So this guy was completely in the right. He paid for his item, and held a printed receipt that proved it was paid for. He had no legal requirement or obligation to produce said receipt for some store employee standing IN THE STORE.

  61. kudos by ArcadeX · · Score: 1

    Wouldn't normally bother with a post just to say 'good job', but since the flamers are out in force, will throw in my 2 cents.

    as far as dropping the case, I think he could have fought harder, but when it comes to family, it's a tough call. Personally I would have fought on, and just played some of the same delaying tactics the DA would use to keep dad from missing his trip, etc. I shop at sam's, and when there's a long line to get out the door, and 1 60 year old blind woman taking her time to check reciepts, I walk around. I've been chased down once, and complied while on the walk, but I refuse to waste my time after I've made my purchase. As far as CC goes, that would be an interesting case, because like florida police, I carry a taser, and would use it if I am being illegally detained.

    --
    An I.T. motto in the hands of an idiot is a dangerous thing...
  62. Ethical? by spiritraveller · · Score: 5, Interesting
    So the city lawyer used a criminal case to gain an advantage in a civil case.

    That's on shaky ground ethically speaking

    DR 7-105. THREATENING CRIMINAL PROSECUTION.

    (A) A lawyer shall not present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter. Whether he threatened to present the charges *solely* to gain an advantage in the civil case would be the point of argument. The prosecutor would say that it wasn't solely to gain an advantage, because it was the police officer who made the arrest, and the prosecutor just prosecutes whatever cases come to him. However, if the case is not supported by probable cause, he's not allowed to go forward.

    DR 7-103. PERFORMING THE DUTY OF PUBLIC PROSECUTOR OR OTHER GOVERNMENT LAWYER.

    (A) A public prosecutor or other government lawyer shall not institute or cause to be instituted criminal charges when he knows or it is obvious that the charges are not supported by probable cause. I would argue that the only reason the prosecutor threatened to go forward was to get the waiver of liability in the civil case. There was no merit to this case. An officer needs some level of suspicion to search a person or to require a showing of ID. There was no level of suspicion whatsoever here. There was no merit to this criminal case... at least according to what this fellow is telling us. One thing I've learned in my practice is that sometimes people charged with crimes lie... yeah, I know, hard to imagine.
    1. Re:Ethical? by ruggerboy · · Score: 2, Insightful

      He agreed not to sue the city, but he should still file a complaint with the attorney ethics board/grievance committee against the prosecutor. The prosecutor should be reprimanded/suspended from the bar for strong-arming a man she knew committed no crime.

    2. Re:Ethical? by BrookHarty · · Score: 1

      Exactly, agree not to sue the city in civil court, and we will drop criminal charges.

      That news needs to become mainstream, someone would loose their job over that.

  63. ACLU is busy by Kohath · · Score: 0, Troll

    They have to keep fighting the greatest threat to civil liberties in world history: the Boy Scouts.

  64. Re:Why not cooperate? by Nishal · · Score: 1

    Why not cooperate? Becausethis is not nazi germany or any other fascist state. Having to provide his id, is like having to carry your papers around

  65. Re:Can you imagine... Yes I can! by plague3106 · · Score: 1

    That stores are the biggest problem when it comes to credit card fraud and should be sued.

  66. He was not charged with by DesertBlade · · Score: 1

    He was not charged with not showing his ID. He was charged with restricting the duties of a police officer.

    --
    Half of writing history is hiding the truth.
    1. Re:He was not charged with by drawfour · · Score: 1

      There was no "duty" left for the officer to perform. The suspect had already showed his bags and the officer and Circuit City were satisfied that he had not shoplifted anything. At this point, the officer has no complaint left to investigate, and should leave.

    2. Re:He was not charged with by Tony · · Score: 1

      He was not charged with not showing his ID. He was charged with restricting the duties of a police officer.

      He was charged with restricting the duties of a police officer for not showing his ID.

      You say toMAYto, and I say the police had no duty to ask for the guy's ID.

      --
      Microsoft is to software what Budweiser is to beer.
    3. Re:He was not charged with by Anonymous Coward · · Score: 0

      He should have picked up the Circuit City goon for unlawfully detaining someone. That was why he was there in the first place.

    4. Re:He was not charged with by DesertBlade · · Score: 1

      He called the cops, and the cop had to file a report. On the report he needs information of the person calling the cops, ie address anme, etc. In order to save time he asked for some ID, and he did not comply. If he did not call the cops, I would have to agree 100%. We are only getting one side of the story and honestly it is over rated. This is example of civil rights violation is so stupid compared to real violations.

      --
      Half of writing history is hiding the truth.
  67. Re:hey folks by daeg · · Score: 1

    There's no reason they need to see anything on your person or belongings as you are exiting a store. They are free to look, but not forcibly invade. The worst they should ever be able to do is ban you from the store. That's it. End of story.

    If they want to actually prevent shop lifting, there are numerous other methods to employ other than a rent-a-cop and the local police (cameras, ink tags, alarm tags, environment such as lighting and obstructed views, etc). Besides, a significant portion of retail theft is by employees, not paying customers.

  68. q: why didn't you sue for YOUR legal costs? by TheGratefulNet · · Score: 1

    did you try? was it recommended that you not 'go that far'?

    you were not at fault (imho, fwiw) and its highly unfair that you pay court costs to remove an erroroneous black mark on your record!

    analogy: someone eggs your house and you catch them. should they not pay for their wrong-doing AND also for the cleaning of your house exterior?

    the city admitted they were wrong. you should have gone for full 'zero cost' settlement such that it cost you time, only, but not an actual financial burden.

    the eggers should pay, not you.

    --

    --
    "It is now safe to switch off your computer."
  69. Re:Why not cooperate? by bryan1945 · · Score: 2, Funny

    "Example. In the state of Utah you are not allowed kegs."

    Did you have them flown in? (Of course you probably live near a border, but it sounded funny in my head).

    --
    Vote monkeys into Congress. They are cheaper and more trustworthy.
  70. Re:Proud-- of a JERK? by pudknocker · · Score: 1

    Am I the only one that things this guy just wanted to see how he could "stick it to the man" in a some small way and be able to smirk at his little joke on the way out of the store. The phrase "chip on the shoulder" comes to mind. Is this the first time he's walked out of the store w/o showing a receipt? If not, why this time?

    There is a time to stand up for fairness and justice. Raising a fuss over an issue so trivial as this is laughable. There are plenty of other, more important, issues about which one should make a stand.

    Consider looking at the larger issue. Shoplifting is a major problem that increases the prices of everything we buy. --So just show them the receipt, and, perhaps, complain the next time they fail to do so.

  71. WOULD SOMEONE PLEASE EXPLAIN TO ME by circletimessquare · · Score: 0, Troll

    WHAT IS SO FASCIST ABOUT BEING MADE TO SHOW YOUR RECEIPT

    PLEASE, SOMEONE CONVINCE ME THIS IS FASCIST, IN ANY WAY

    what the HELL is wrong with you??!!

    by suggesting that you HAVE to show your receipt when you walk out of a store is in ANY way fascist, you yourself demonstrate oyu haven't the slightestr fucking clue what REAL fascism is

    i really don't understand some of the paranoid hysterical twits in this world

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:WOULD SOMEONE PLEASE EXPLAIN TO ME by Anonymous Coward · · Score: 0

      WHAT IS SO FASCIST ABOUT BEING MADE TO SHOW YOUR ID

      PLEASE, SOMEONE CONVINCE ME THIS IS FASCIST, IN ANY WAY

      what the HELL is wrong with you??!!

      by suggesting that you HAVE to show your ID when you walk out of a store is in ANY way fascist, you yourself demonstrate oyu haven't the slightestr fucking clue what REAL fascism is

      i really don't understand some of the paranoid hysterical twits in this world Fixed your post. Read it now and see if you can figure out why you shouldn't be able to be DETAINED for not giving a piece of paper proving you're not a criminal.

      Your entire argument is "if you're not doing anything wrong, you don't have anything to complain about" and you're suggesting that all people be treated like criminals so that shoplifters are caught - congratulations.

      If you're acutally interested in reading about what's required to convict shoplifters (which you aren't), go read up on it. You have to see the person take the item, keep them under surveilance the entire time they're in the store, have them leave with them item, and then you can detain them using "reasonable" force.
    2. Re:WOULD SOMEONE PLEASE EXPLAIN TO ME by Tsiangkun · · Score: 1

      The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      1) I walk into a store and buy nothing. Am I obligated to produce a receipt to leave the store ?

      2) I buy something and leave the store. Do I now have less rights than a non-customer ?

      3) Let say that I refuse to show a receipt, and walk from the store.
      The store has two legal options. They can let me go, or they can accuse me of shoplifting and call the cops. THAT is what their options are, nothing more.

      4) My financial records, and the contents of my shopping bag are my personal property. Show me the search warrant, you do have one to search my property right?

      I believe I was born with the right to resist unwarrant, unjustified, unconstitional searched of my property.

      What the HELL is wrong with you, that you hand over your rights without a second thought ? You sir are a terrorist. Your ideals threaten the safety and liberty of the American population, and ultimately I fear people like you will destroy what remains of this countries civil liberties.

  72. well why aren't you obligated? by circletimessquare · · Score: 1

    doesn't the store have a right to stop shoplifting?

    okay: you're obligated to show your receipt

    SO FUCKING WHAT???

    this is people's idea of fascism? this is people's ideas of eroding liberties and freedoms?

    i would suggest that such people who think so have no idea what fascism really is!

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:well why aren't you obligated? by blueg3 · · Score: 2, Insightful

      You are not obligated to show your receipt. They can, perhaps, make showing your receipt as you leave a condition of your entering the store and shopping there, if they inform you before the fact and not after the fact. Not only are you not obligated to show your receipt, but they cannot prevent you from leaving for doing so.

      They do have a right to stop shoplifting. For your protection, this right does not include detaining anyone they think might be shoplifting. If they observe you shoplifting (which requires observing the person select the item, conceal the item, and leave the store without paying), they can stop you long enough to resolve the situation and summon the police. In some states, this action has limited liability; in others, the detaining person is making a citizen's arrest and has greater liability.

      You may not think it bears much relation to fascism, but the generalization is that private entities (businesses) are permitted to detain citizens on suspicion of wrongdoing based on arbitrary criteria.

    2. Re:well why aren't you obligated? by CrashPoint · · Score: 1

      doesn't the store have a right to stop shoplifting?
      Yes. But they must do it in ways that do not infringe on your rights. Asking for your receipt is fine. Attempting to force you to show it is not.

      okay: you're obligated to show your receipt
      No, you're not. The law doesn't work like that. They can't detain you unless they have a real reason to think you've stolen something, and "He wouldn't show me a receipt" isn't nearly good enough.

      this is people's idea of fascism? this is people's ideas of eroding liberties and freedoms? i would suggest that such people who think so have no idea what fascism really is!
      And I would suggest that since you, not the people to whom you're replying or the the people replying to you, are the one shrieking about fascism, you're using it as a strawman to avoid addressing the actual issue. In other words, you're lying about what is being said.
    3. Re:well why aren't you obligated? by CrashPoint · · Score: 1

      They can, perhaps, make showing your receipt as you leave a condition of your entering the store and shopping there, if they inform you before the fact and not after the fact
      Even that only applies if you agree to it in writing, such as with the member's agreements at wholesale clubs like Sam's.
    4. Re:well why aren't you obligated? by shutdown+-p+now · · Score: 1

      okay: you're obligated to show your receipt
      Except that you're not, by law.
    5. Re:well why aren't you obligated? by Anonymous Coward · · Score: 0

      doesn't the store have a right to stop shoplifting?
      Nope, they don't. Among the many rights people have, doing anything it takes to prevent a crime from being committed against them is not one of them. Your right to prevent crime stops at my right to privacy and personal property. You can do whatever you like to stop shoplifters so long as it does not infringe upon the rights of others. Asking people for their receipts is perfectly allowed. Forcing them to show their receipts is not, because you infringe upon their right to property, privacy, and freedom of movement. The most you can do is remove them from your property and tell them never to return if they refuse. Then if they come back you can have them arrested for trespassing. But that is the most you are allowed to do.
    6. Re:well why aren't you obligated? by Anonymous Coward · · Score: 0

      doesn't the store have a right to stop shoplifting?

      No. The store only has the right to attempt to stop shoplifting provided they obey the law while doing so. I remember you from K5, CTS, you've always been a facist and a lunatic. Remember me telling you to take your meds?

      To others: this guy has some mental issues. One of his personalities is a libertarian, one is a commie, and one is a facist. His name is Legion and he really should take his meds, like I told him to do many times (before his friend and K5 admin jongular pissed me off enough to leave the site in disgust).

      okay: you're obligated to show your receipt

      He's also a fucking illiterate. CTS, you are NOT obligated to show your reciept! ...as a previous poster tried vainly to tell you. They can ask for it, you are NOT obligated to comply. I'm sorry that I can't find small enough words for your tiny little neocon facist mind to comprehend.

      i would suggest that such people who think so have no idea what fascism really is!

      I would suggest that YOU have no more of an idea what facism is than you have an idea what literacy and sanity are.

      -mcgrew (link is to an argument with CTS I found in Google).
      My home page
      The Paxil Diaries

    7. Re:well why aren't you obligated? by Anonymous Coward · · Score: 0

      You know, he does have a point.
      We're applauding this guy as a hero but what he did was nothing more than a show for publicity.
      And don't get me wrong, if it inspires even a couple kids to research their rights and voting about it, I say it was worth it but geez, let's use the least amount of empathy here.

      What would you have done if you were the cop?
      Cops are generally not in the best of moods due to the kind of issues they deal with and they are generally suspicious due to the kind of people they deal with.
      That particular cop probably dealt with a dozen of the same kind of uncooperative people before and most, if not all of them, were all found to have something to hide.
      It sounds to me that he decided out of his own experience as a cop that the guy had something to hide or he'd just shown his receipt, may it be some shoplifter wannabe who just read some internet article on how you didn't really have to show your receipt, or some jackass who failed trying to pull a scam and was in a hurry to zone out...
      What would you have done with this signature profile (in a hurry to leave, unwilling to show ID/receipt)? Would you honestly have just said "All right, have a nice day!" and let him go?

      Anyway, the point is, by initiating this chain of circumstances, he made himself look guilty on every count and even though it doesn't mean that he as technically within his rights, doesn't mean that anyone with some common sense would do that and expect to drive away. It's borderline setting them up to embarrass them.
      This cop had the bad luck to have found the single pedantic ass out of all the shoplifters.

      Oh and frankly, I'm for civil disobedience as much as the next nerd but aren't we supposed to protest the laws that are truly unjust?
      What do you find unjust in cops being unable to ask for a simple receipt?

      In short, good try but bad methodology.

    8. Re:well why aren't you obligated? by bkr1_2k · · Score: 1

      If I were the cop? I'd assume I'd know that I'm not allowed to arrest someone for not producing identification.

      I'd assume, since I had just inspected his bag and receipt, that the store employees were incompetent assholes.

      I'd assume that the guy would want to press some sort of charges (because this IS a litigious society after all) and probably try to convince him that he (and the courts) would be better served by boycotting the company and getting as many of his friends to do so, while also writing letters to the corporate headquarters.

      I'd have let him go.

      --
      "Growing old is inevitable; growing up is optional."
    9. Re:well why aren't you obligated? by dnormant · · Score: 1

      "This is people's idea of fascism? this is people's ideas of eroding liberties and freedoms?"

      Yes, I do. And one I'm willing to fight for even if idiots like you don't agree.

  73. Flawed Justice System by schwit1 · · Score: 1
    Why should money have anything to do with justice being served? The needs of the citizens must come before the image of the city.


    Allowing the DA to decide if and when to charge cops is like having the fox in charge of the chicken coop. The DA needs the cops on his side if he is to get his job done. So he isn't going to lift a finger short of mass murder. This was proven twice in the past couple of years in Northern Virginia where cops killed 2 unarmed persons and were never charged.

    1. Re:Flawed Justice System by Tony · · Score: 1

      Why should money have anything to do with justice being served?

      Who makes the laws? In general, lawyers.

      Who makes money defending or prosecuting laws?

      Lawyers.

      It's a good deal, if you can get it.

      --
      Microsoft is to software what Budweiser is to beer.
  74. okay by circletimessquare · · Score: 1

    so why can't you just show your receipt????

    (smacks forehead)

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:okay by Anonymous Coward · · Score: 0

      You certainly can, but you AREN'T REQUIRED TO.

  75. Re:Attempted Murder for a beating? Not cool. by EastCoastSurfer · · Score: 2, Insightful

    First off, it's anyones right to be a bigot. After reading about this story it looks like to me that many in that, both black and white, are bigots. The racial tensions there have been growing for a long time.

    With that said, the racial tensions need to be ignored when looking at the current case. Someone was beaten by 6 others. That was a crime and those 6 others should be charged. Supporting the 6 who did the beating makes no sense to me. Are we saying it's okay to beat down someone? Is vigilante justice the way to go now? Does not liking a certain group of people for whatever reason give them the right to come and beat that person down?

  76. Re:Why not cooperate? by Wavicle · · Score: 5, Insightful

    if this person is not cooperating then they have something to hide.

    Your post makes the baby 5th amendment cry.

    --
    Education is a better safeguard of liberty than a standing army.
    Edward Everett (1794 - 1865)
  77. Re:Can you imagine... Yes I can! by Zymergy · · Score: 1

    Actually, it was more in protest concerning NEVER having to sign receipts at gas pumps from his check/credit card for some $40 tank of gas but having to sign a receipt or electronic sig to buy a $5 case of Raman Noodles at the grodery store... Signatures were meaningless. Clerks don't check them, and often they are not required to anyway (of if they are, they don't). So what's the point of your ID and signature anyway if they are not always used and verified?

  78. my god by circletimessquare · · Score: 0, Troll

    the above post is definition of a hysterical twit

    people died to fight for your freedoms. and you redefine what your freedoms are as the most reflexive inconsequential minutiae as to betray a profound lack of realization of real problems with this world and a sickening narcissistic self-absorption

    if someone brought the founding fathers back to life and explained this situation to them, they would say "so fucking what?" in unison, and look puzzled that anyone would seriously care that much

    for real

    grow the fuck up you delicate fucking flower

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  79. great way when they ask for your reciepts! by MooseTick · · Score: 4, Funny

    If asking for reciepts make you mad also, here is something you can do.

    The next time you are in a checkout where they check for reciepts at the door, wad it up and stick it down your pants when they give it to you. When you get to the door and they ask for it, be obvious about the fact that it is down there and retrieve it but don't unwad it. I think it is unlikely that they will take it from you and unwad it. At that point you can ask if they have any more requests and be on your merry way!

    1. Re:great way when they ask for your reciepts! by antdude · · Score: 1

      Heh, I dare someone to try that idea first and tell us the results. It won't be me! [grin]

      --
      Ant(Dude) @ Quality Foraged Links (AQFL.net) & The Ant Farm (antfarm.ma.cx / antfarm.home.dhs.org).
    2. Re:great way when they ask for your reciepts! by HazMathew · · Score: 1

      LOL. Do something similar to a "stink palm". Stick the receipt into the crack of your ass.

      Bonus points for not wiping that day.

    3. Re:great way when they ask for your reciepts! by stmfreak · · Score: 1
      If asking for reciepts make you mad also, here is something you can do.

      Alternatively, if you find your self exiting a store and are surprised by the rent-a-cop asking for your receipt here's a more productive thing you can do:
      1. Refuse to comply.
      2. When they insist they cannot let you go without seeing your receipt, ask if they can let you go after you return your items and get your money back.
      3. Return your goods and attempt to leave.
      4. Any attempt to prevent you at this point is an unlawful arrest, call the cops.

      The only way to make the merchant change their behavior is to hit their bottom line. Returns show up there as a separate line item.

      It is ironic that these policies only affect people who obviously bought something at the store and they allow others with no visible merchandise to leave the premesis freely.
      --
      These opinions guaranteed or your money back.
    4. Re:great way when they ask for your reciepts! by vistic · · Score: 2, Informative

      Alternatively, if you find your self exiting a store and are surprised by the rent-a-cop asking for your receipt here's a more productive thing you can do:
      1. Refuse to comply.
      2. When they insist they cannot let you go without seeing your receipt, ask if they can let you go after you return your items and get your money back.
      3. Return your goods and attempt to leave.
      4. Any attempt to prevent you at this point is an unlawful arrest, call the cops.

      I thought the point of this whole thing is that it's equally as unlawful to stop you from leaving when you purchased something and don't want to show your receipt (unless they have reason to believe you shoplifted, such as seeing you take an item and attempt to leave without paying for it; and no, refusing to show a receipt is not a reason to believe you shoplifted) as it is to stop you from leaving if you didn't buy anything at all (and of course the same thing about reason to believe you shoplifted).

      You don't have to return it for it to become wrong for them to detain you.

      But I do agree that they might be more receptive if you threaten to return the merchandise if they don't leave you alone, and actually return it when they don't leave you alone.
  80. Re:Can you imagine... Yes I can! by mgh02114 · · Score: 1

    My roommate in college signed everything from his check card for over a year: "Check My ID", or "Bill Gates", or "Bill Clinton" and/or "Jack Meoff" or something funny along those lines. Only got caught at it a few times. LOL
    This is a common misconception. The signature obtained during a credit card transaction has nothing to due with security or identity confirmation. The signature is obtained because the credit card company lawyers feel that getting a signature helps confirm that a "contract" was agreed to by the credit card holder, in case any lawsuits arise from the transaction. They want to be able to say "you must have known you were agreeing to this, because you signed your name." Yes, they want you to sign your name, not Bill Clinton's, but they could care less if your signature is a handwriting match to the one on the back of the card.
  81. Re:Proud-- of a JERK? by Silentknyght · · Score: 1

    There is a time to stand up for fairness and justice. Raising a fuss over an issue so trivial as this is laughable. There are plenty of other, more important, issues about which one should make a stand. The slow erosion of citizens' and consumers' rights over time, by stepping-stone "trivial" issues, is preventable.
  82. Two of my least favorite sayings in one quote by Rob+the+Bold · · Score: 4, Insightful

    He must have a lot of time on his hands if he can pick small fights like this just to make a statement.

    Saying: "He must have a lot of time on his hands". Translation: "I don't approve of how you spend your time."

    Saying: "You've gotta pick your battles". Translation: "I've gotta pick your battles."

    Talk about "snobbish".

    --
    I am not a crackpot.
    1. Re:Two of my least favorite sayings in one quote by jshriverWVU · · Score: 1

      Nope, I only speak from my personal perspective, I have no problems with people making their own decisions. If he felt it was worth it, more power to him. Just for me personally, it's isn't worth it. If I had $7500 or whatever to fight a battle like this, I'd rather donate it to charity, and I do.

    2. Re:Two of my least favorite sayings in one quote by Anonymous Coward · · Score: 0

      >> If he felt it was worth it, more power to him. If I had $7500 or whatever to fight a battle like this, I'd rather donate it to charity and I do.

      What makes you trust charities so much? What makes you think they won't say "Well, if it was worth it I'd use this money how the donor intended, and more power to the charities that actually operate that way, but since it won't make a difference anyway I might as well just pocket it instead."

  83. Absurdity... by C10H14N2 · · Score: 1


    The primary item on the ACLU's agenda should be bullshit precisely like this--and I don't mean the original complaint.

    The idea that to end a case of asserting constitutional rights one must explicitly give up more constitutional rights--in particular, even free speech (don't say negative things about police? W-T-F? [insert In Soviet Russia jokes here]), and then to consider it a "victory?!?"--is arguably the greatest indication of how frightfully corrupt the foundations of our entire legal system are. The fact that even the local newspaper grabbed onto the inconvenient malquote and quickly rectified it to appear doubleplus ungood for the marginal victor isn't particularly heartening either...

  84. Re:Attempted Murder for a beating? Not cool. by NeutronCowboy · · Score: 2, Insightful

    The problem is when a beating gets you attempted 2nd degree murder and 20 years in jail, while someone pulling a shotgun on you.... gets to charge the other person with theft of said shotgun.

    The problem is the disparate set of charges that are leveled when a white person commits a crime and when a black person commits a crime.

    --
    Those who can, do. Those who can't, sue.
  85. The best part of this story: The comments by Anonymous Coward · · Score: 0

    I'm amazed to see two fundamentally different viewpoints where both sides genuine cannot understand what the other is saying:

    1. He was unjustly attacked without legal cause.

    2. He was a punk, refusing a reasonable request.

    Personally, I go with option 1.

    If it's so reasonable, then it should be made into a law, yes? The city obviously knew they were wrong (no deal otherwise). Sure, he could have avoided the costs - but it was wrong. The stores and police don't like those rules - Great! They can get 'em changed!

    To the people who like option 2: Great! Go get the law changed! Till then, stop whining about him using his legal rights.

    I am a bit disappointed the city didn't get a bit of a spanking. A little reminder is good for everyone now and again.

  86. In fact... by www.sorehands.com · · Score: 1

    In fact, if it happens again it will be an easier win. This time he can argue that it is not a simple mistake.

  87. Re:Attempted Murder for a beating? Not cool. by Seumas · · Score: 4, Informative

    As much as I detest racism and bigots and racists, people are allowing idiots like Sharpton and Jackson and the news media to deceive them. The position they are taking is "you let some white kids go for hanging nooses in a tree, but you imprisoned some black kids who beat up a white kid".

    While I'd be up for beating the hell out of any little snotty racist asshole that would hang nooses in a tree in an attempt to intimidate an entire group of people, I have to acknowledge the facts. And these facts are that:

    1) These were unrelated incidents that occurred FOUR MONTHS APART.
    2) Hanging a noose in a tree is not the same as beating someone up and sending them to the hospital.
    3) The legal requirements for charging a youth (not an adult) with a non-violent "hate-crime" is far higher than charging a youth for assault and battery.

    So we need to establish that these two events were NOT RELATED. So stop using the results of one to justify the desired results of the other.

    Now, after we have done that -- let's look at what reportedly happened that landed these black kids in prison: The white kid was at a gas station and felt threatened by the black kids. So, instead of leaving the scene to avoid a conflict, he went to his truck, pulled out a shotgun and then returned, where they promptly beat his stupid ass.

    Now, if some hick went to his vehicle and came back to me with a shotgun (especially in an area where I felt intimidated and threatened routinely because of my skin color), I would surely defend myself by beating his ass and disarming him before waiting to see if he intended to blow my fucking skull clean off my spine.

    So should the kids be released? I believe so. But not because of ANYTHING relating to the supposed hypocrisy of the noose-tree incident.

  88. so how does a store stop shoplifting? by circletimessquare · · Score: 1

    if a guy just keeps walking when asked for a receipt at the store exit, how in your world does a store prevent anyone from shoplifting?

    it doesn't make any sense to me. if you are asked for your receipt, just show it! what exactly is the big deal!

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:so how does a store stop shoplifting? by narratorDan · · Score: 1

      According to your logic, if they asked to strip search you, you would submit to it because it was the only way to prevent shoplifting and they have every right to strip search you.

      Most inventory is stolen by employees of the store, not shoplifters. The real reason for the receipt checkers at the door is to make sure that their cashiers are correctly charging for every item you have purchased and haven't let one of their friends get a free MP3 player. Unless the receipt checkers are patting you down they have no way of knowing that you have stolen anything from them, so simply asking to see your receipt does not prevent shoplifting.

      --
      "If you're not confused by quantum mechanics, you really don't understand it." - Niels Bohr
    2. Re:so how does a store stop shoplifting? by CrashPoint · · Score: 1

      if a guy just keeps walking when asked for a receipt at the store exit, how in your world does a store prevent anyone from shoplifting?
      They have plenty of ways to minimize shoplifting, ways that do not involve criminal activity like illegal detention. I'd suggest you read up on the matter, but you're obviously more in false dichotomies between "force everyone to show a receipt" and "shoplifter free-for-all".

      it doesn't make any sense to me. if you are asked for your receipt, just show it!
      If you want to, sure. But if you don't, then they can't make you. And if they try to, then they're breaking the law.

      what exactly is the big deal!
      The big deal is that they had absolutely no right to detain him.
    3. Re:so how does a store stop shoplifting? by Anonymous Coward · · Score: 0

      How do you stop someone from shoplifting? Easy.

      Monitor your customers (whether through electronic eyes-in-the-skies or good old fashioned alert employees it doesn't matter).

      Keep track of potential shoplifter(s) (the "potential" part is key, it's not shoplifting until they leave the store).

      Follow the potential shoplifter to the exit.
      You can announce to the person that you believe that they are trying to shoplift and would prefer that the items be returned or purchased and that applicable store policies will be followed. You can't do much else until they exit the store.

      Once they've exited the building you can detain them (citizen's arrest) for shoplifting if you have sufficient and reasonable evidence to do so. Doing so without reasonable and sufficient evidence can have repercussions for you.

      The manager obviously knew he couldn't detain him successfully for shoplifting or he would have simply done so.

    4. Re:so how does a store stop shoplifting? by Buran · · Score: 1

      Being asked isn't the problem. Being detained when you say no is.

  89. What about Circuit City? by rastoboy29 · · Score: 1

    That's great that he's settled with the police department.  But what about Circuit City's cumuppance?

  90. Security Theater by Anonymous Coward · · Score: 0

    What do they achieve by checking the receipt?

    In my experience, they look in the bag of items you've just bought, but you only get that at the checkout. If you're shoplifting, won't you have earlier hidden the stolen goods somewhere else?

  91. Re:hey folks by cdrguru · · Score: 1

    You go into the store, you are now a potential shoplifter. There is no (good) way to tell if the person leaving the store is in fact a shoplifter or not. The store has a choice - they can treat everyone as a potential shoplifter or not. That is pretty much the limit. Notice I'm not saying they can treat everyone as a shoplifter-in-fact, just a potential shoplifter.

    You go to a donut shop and they are unlikely to check your bag on the way out. You go to a store where they sell tiny, valuable items and they are very, very likely to check your bag on the way out.

    The other alternative is all merchandise is locked away and the store simply fetches stuff from the locked-away-room upon request. Some places operate this way today because of theft. Jewelry stores have a slightly different approach to the same problem, but it is all about small easily-stolen items of high value.

    Face it, the US is a den of thieves. Shoplifting in many places runs to as high as 10% of the patrons. This means that there are so many actual shoplifters each day that they have to do something about the problem. If people didn't steal there would be a lot less security. Do you think the store likes spending money on cameras, theft deterrence systems, receipt checkers and the like? Do you think they are doing it just to hassle people?

  92. which would be an awful world by circletimessquare · · Score: 1

    if you couldn't just SHOW YOUR DAMN RECEIPT and have a nice day!

    in your world, it seems anyone can shoplift without any fear of consequences

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:which would be an awful world by blueg3 · · Score: 1

      In my world, also known as reality, the burden is on the shopkeepers to observe you shoplifting. Most shopkeepers do this.

      I could equally say that in your world, rights are easily abrogated for the convenience of corporations and the government, and it is assumed that you will be willing to comply with any invasive search on the grounds that an innocent person has nothing to hide.

      This sort of setup was common ages ago. We've moved past that, having experienced the injustices visited upon citizens when no controls are in place.

  93. Voilation of Rights? Maybe. Arrogant, yes. by HazMathew · · Score: 1

    To me this guy came across with a very cavalier and arrogant attitude. It seems to me he is just some 20-something with a bone to pick. He was looking for a fight. Playing dumb and not cooperating with police really makes them angry and then they start looking or creating reasons to arrest you.

    Although I see where he is coming from, all he had to do was show his damned receipt. Big deal, you make a smart ass remark to the poor sap that has a job at Circuit City and you get on with your day.

    I wouldn't call this a victory either. He got his charges dropped and lost a few thousand dollars and the headache of dealing with the burocracy, lawyers, cops etc. A victory would have been showing your receipt and spending the time as intended, stress-free with his family.

    This was no Rosa Parks incident people.

  94. Something to hide by tkrotchko · · Score: 5, Insightful

    "if this person is not cooperating then they have something to hide"

    If a person replies as AC, does that mean they have something to hide? Or does it mean that there's an expectation of privacy in going about your business.

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:Something to hide by aplusjimages · · Score: 1

      awesome post. short, sweet, and makes a great point. You've got to love the righteous man who hides behind anonymity. It shows real balls.

      --
      Can I bum a sig?
  95. He didn't deserve any of this by LanMan04 · · Score: 3, Insightful

    This guy though got what he deserved: A $7000.00 bill, lots of wasted time, stressed out and humiliated family and a fat target on his ass for cops and courts to nail one day. The guy lost, but I certainly don't think he deserved it, do you? Since when is standing up for your rights a bad thing deserving of punishment? I guess you just want all us citizens to be quiet and roll over, eh? :/
    --
    With the first link, the chain is forged.
    1. Re:He didn't deserve any of this by hackiavelli · · Score: 1, Interesting
      I'm sorry, but this whole thing is a farce. Circuit City didn't search his person or riffle through his vehicle. They asked to see a receipt. It's not uncommon and it certainly isn't unreasonable. The entire case escalated out of control from there.

      That a police officer would look for state issued identification doesn't strike me as outrageous either. Are police supposed to start taking people's word for who they are during an investigation? They'd never be able to nab those with a warrant out against them.

      It's not bad enough that Righi wasted the time of the justice system and put his family through hell, but he's damaging the real fight for our rights. We're fighting to keep the government from checking what books we read and listening to our phone calls without a warrant, to restore habeas corpus itself, and this guy makes a federal case out of a receipt. It makes the whole movement look petty.

    2. Re:He didn't deserve any of this by nate+nice · · Score: 1

      Exactly. It has nothing to do with what CC or the cop did. It has to do with the fact that he was being fairly unreasonable and making a mockery of real issues and problems. So he pulls some jackass stunt like this and suddenly real issues are marginalized. Laws get passed based on this kids actions that regular folk think sounds fair to stop guys like him form wasting resources, and suddenly all types of useful rights are compromised.

      Like I've said before, if he cares so much he should invest his time and money into the real issues. not some petty crap like this. He needs perspective and needs to get real. This is crap. Does he think anyone but a teenager or college student under 21 would think he's reasonable here?

      Like he had any real rights taken away. What a joke. And now people actually working and fighting have been made to look like this guy. How sad.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    3. Re:He didn't deserve any of this by hnile_jablko · · Score: 1

      I am 36 and I think he was more than reasonable. Can you please explain to me where it legally says that a secrutiy guy or manager at a store or a police officer has the right to inspect anything without probably cause?
      And what are the 'real issues'? The ones you define or do we as individuals have the right to choose?
      I would say he had plenty of rights taken away. He was asked to be searched without probable cause and asked to produce an ID. Sit down with some of my friends from Poland, Russia, Slovakia and East Germany and let them tell you about the value of these rights. Sit down with a jew who survived the holocaust and discuss the beuaty of these rights. Read a book about Germany in the 30's and how these rights slowly eroded because of fear. Read books about what happens to countries when these rights are eroded.. there is a trend when it happens.
      I think this guy did you the greatest service.

  96. if you are not required to by circletimessquare · · Score: 1

    and you aren't allowed to use force on someone who refuses, why can't anyone shoplift without any fear of consequences?

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:if you are not required to by Anonymous Coward · · Score: 0

      You mean aside from store security cameras showing you doing it, and witnesses? Not much, really. Go nuts, shoplift.

      Of course, when the cops begin investigating, and you are eventually brought to trial, the whole lack of a receipt is going to screw your criminal ass.

      Why don't most people shoplift? It's not because it is hard. It is stupidly easy. Most people don't shoplift because they are afraid of getting caught.

    2. Re:if you are not required to by nomadic · · Score: 1

      They can use force if they catch you shoplifting. Refusing to show your receipt does not constitute shoplifting.

  97. that's completely retarded by circletimessquare · · Score: 0

    that's the ONLY way to disprove or prove shoplifting

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:that's completely retarded by taustin · · Score: 1

      Indeed, there is. And it's in front of a jury. There's no other way. But the store manager didn't do that, because in order to put it to a jury, there has to be an arrest made, and in order to make an arrest, you are supposed to have probable cause. Which is to say, you have to personally watch the suspect take something out of the store without paying for it. Which neither the manager nor the door nazi did, and the manager knew it. In other words, they had no case, and they admitted it when they were invited to make a citizen's arrest, and refused to do so.

      If you think that searching someone's person against their will on the bases of a non-accusation is the only way to prove shoplifting, then I accuse you of shoplifting my car and shoving it up your ass, and you must now immediately allow me to do a body cavity search. Not the police, not someone who has made a credible accusation, me, right now, or you're just a hypocrite.

      Free hint, son: if everybody else in the world is retarded but you, it's not everybody in the world else in the world that's retarded.

      I really, truly, sincerely hope that you, personally, are falsely accused of shoplifting something you paid for, and arrested, and put in jail, on the basis of unfounded accusations. You, personally, deserve it. Seriously.

  98. Re:hey folks by Anonymous Coward · · Score: 0

    You must be thinking of a different CTS. I don't remember him ever making sense there. He has in fact mentioned several times there that he intentionally trolls as well, so you can safely take everything he says with a grain of salt.

  99. Here in my city.... by grumpyman · · Score: 1

    .... in a 'wholesale' grocery place, costco and bestbuy has the practice that there's this guy standing at the exit of the shop and will examine people's receipt and make a marking on the receipt. I wonder if it is blatant violation of civil rights. Somehow I never heard there's any similar incident in here.

    1. Re:Here in my city.... by Catbeller · · Score: 1

      CostCo and Sam's Club are membership-only operations. You sign a contract with them which states that they can examine your bags and your receipts.

      In any other store, NO, they do not have a right to frisk you or grab your bags. Everyone including the cops assume that they have the right, and they are mistaken. Another example of corporate "rights" overriding the 9th amendment right to privacy and freedom from unreasonable searches. Government can't do it, and sure as hell private corporations can't. And NO, kids, just 'cause the Constitution doesn't mention that businesses can't violate your rights doesn't mean they can. Ninth amendment. Otherwise there's no point in having rights, if all it takes to remove them is to step inside private property. And I do think that the people who wrote the Constitution thought, "Hey, if the citizen refuses the smith's demand to turn out his pockets, these silly rules about human rights don't apply. Let the goodman be beaten and imprisoned if he doth not provide his identification papers to the guards. We wrote these rules for only the Federal government to follow, not to interfere with a businessman's power on his own property." Yeah, Jefferson would have gone along with that.

    2. Re:Here in my city.... by stinerman · · Score: 1

      The 9th amendment only states that singling out specific rights in the previous amendments shouldn't be taken to mean those are the only ones you have.

  100. he, funny ;-) by circletimessquare · · Score: 1

    i like your style. however, comparing some lazy guy at work wasting time commenting on slashdot with someone spending$ 7500 instead of showing a receipt is like comparing an orange to the moon in terms of proportionality. yes, they are both round, but one is HELLUVA bigger than the other

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:he, funny ;-) by bckrispi · · Score: 1

      i like your style. however, comparing some lazy guy at work wasting time commenting on slashdot
      Am I the only one who finds the irony in the fact that you are stealing time from your employer to complain about shoplifting??
      --
      Xenon, where's my money? -Borno
    2. Re:he, funny ;-) by taustin · · Score: 1

      You're a Circuit City employee, aren't you?

      Note that, while the guy agreed not to sue the city, he never agreed not to sue Circuit City, and they did commit at least two crimes against him.

  101. THIS GUY is AN IDIOT by Anonymous Coward · · Score: 0

    so it cost yah 7500
    down the road now that you know you were right and would have won would have been worth millins perhaps AND youd have set a precident for others NOT to have this done to them.

    Instead you allow them with this kinda practice to continue illegal YES ILLEGAL ACTS.

    I know i am a victim of such things myself.
    maybe one day ill tell my storey.

    I just feel people like this that whine about there familly being brought in are cowards.
    You sit down with your familly, you explain what the "bad men are and may do" get rid of what ever gay lawyer you had and get one with balls.
    remember 20% of 5 million is what MR lawyer?
    and yah think its not about money well it is BUT it is also about curbing and stopping bad practices and you have to make hte amount large enough that it hurts them and gets press.
    donate half to several charities
    finish that mortgage and put a trust away for the kids
    Take a damn vacation and rest after all THEY as jerks put you through.

  102. Re:Attempted Murder for a beating? Not cool. by autocracy · · Score: 1

    You mean manslaughter for #2.

    --
    SIG: HUP
  103. Re:Why not cooperate? by Hijacked+Public · · Score: 0, Offtopic

    Beautiful, beautiful post.

    --
    "Sacrifice for the good of The State" - The State
  104. congratulations by circletimessquare · · Score: 1

    you've successfully used the same logic social conservative idiots use against gay marriage: if you allow gay marriage, then people will marry dogs and dead people and children

    uh... no, socially conservative retards, because people can tell the difference

    why do social conservative retards think gay marriage and interspecies relationships are the same? because they are hysterical twits. they are using panic and fear rather than logic and reason

    in the EXACT SAME WAY, you propose a bullshit slippery slope, proposing to me that a rent-a-cop stopping you at the store exit is the same as a strip search. that people honestly can't tell the difference between those two scenarios

    so congratulations, you have replaced logic and reason in your words with a hysterical wall of fear and paranoia

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:congratulations by Anonymous Coward · · Score: 0

      you've successfully used the same logic social conservative idiots use against gay marriage

      He has, I don't. My argument is quite different, quite like my argument against capital punishment is quite different from the liberals' arguments.

      My take is that first, gays ARE allowed to marry. They're just not allowed to marry members of the same sex, since "marriage" has been defined since its inception as a union between a man and a woman (or a man and a harem depending on time and place).

      See, you've got a gay man there who quite obviously can't find a woman he can fall in love with and who can fall in love with because he's gay.

      I, on the other hand, am a divorced heterosexual who can't find a woman to fall in love with who can fall in love with me, bacause I'm a nerd and the only women who would fall in love with me are alcoholics, crackheads, and whores. No thanks! So why should YOU, a gay man, get special treatment? Look, I'm spending shitloads of money of crackwhores, why can't I get a "civil union" (my marriage was never very civil) with all of them and deduct them from my taxes? As well as all the shit the goddamned theiving bitches steal? Damned crackhheads...

      You're gay and can't find a woman. I'm a nerd and can't find a woman. Sucks to be us. The biggest difference is that you think you're special.

      -mcgrew

    2. Re:congratulations by pnewhook · · Score: 1

      My take is that first, gays ARE allowed to marry. They're just not allowed to marry members of the same sex, since "marriage" has been defined since its inception as a union between a man and a woman (or a man and a harem depending on time and place).

      Really? Who defined it? The churches? I think not. Marriage is defined as whatever is socially acceptable, and this changes through time. If that means same sex marriage, then thats fine.

      I, on the other hand, am a divorced heterosexual who can't find a woman to fall in love with who can fall in love with me, bacause I'm a nerd and the only women who would fall in love with me are alcoholics, crackheads, and whores. No thanks! So why should YOU, a gay man, get special treatment? Look, I'm spending shitloads of money of crackwhores, why can't I get a "civil union" (my marriage was never very civil) with all of them and deduct them from my taxes? As well as all the shit the goddamned theiving bitches steal? Damned crackhheads...

      Shit dude, that's fucked up.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
  105. please, educate me by circletimessquare · · Score: 1

    if i grab something off the shelf, and head for the exit, what better way is there to confront me than to ask for a receipt

    i am all ears as to your vastly superior wisdom

    (snicker)

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:please, educate me by chill · · Score: 1

      The basic premise is, while the store can *ask* they cannot force you. The application of force, other than in self-defense, is almost always considered assault.

      Just because there is the possibility of one crime being committed doesn't give the store the right to commit another.

      The correct answer to your question of "how does the store prevent shoplifting" is "by any legal means they can". However, detaining customers without reasonable belief of an actual crime is not a legal method. No, just walking towards the exit is not reasonable belief, nor is refusing to show a receipt. Neither would stand up in court. They would need a witness willing to make sworn testimony to a police officer or an automatic recording device, like a camera, that shows the attempted theft.

      --
      Learning HOW to think is more important than learning WHAT to think.
    2. Re:please, educate me by funaho · · Score: 1

      if i grab something off the shelf, and head for the exit, what better way is there to confront me than to ask for a receipt

      Isn't that what the anti-theft tags with the sensors at the door are for?

    3. Re:please, educate me by _Sprocket_ · · Score: 1

      if i grab something off the shelf, and head for the exit, what better way is there to confront me than to ask for a receipt What they CAN do is charge you with shoplifting and call the cops. Plenty of confrontation there - and within their rights. Happens all the time. Only when the store is wrong do they have to worry.
    4. Re:please, educate me by Pfhorrest · · Score: 1

      if i grab something off the shelf, and head for the exit, what better way is there to confront me than to ask for a receipt If the store owner witnesses someone shoplifting, he can order that person to stop and prove that he's not or else the storeowner will call the police, who will then determine based on evidence if the person should be arrested for shoplifting, and track the person down (put a warrant out for his arrest) if there's evidence of shoplifting and the suspected shoplifter has already left the premises.

      In this case, the "suspected shoplifter" said that if he was really under suspicion, to call the cops, otherwise he is free to leave. The store did not, and instead detained him, at which point HE called the police. Then insult was added to injury when the police demanded he provide proof of identity, AFTER determining that he was in the right, which they're not allowed to do, though they can ask you to identify yourself, i.e. state your name. In other words "It looks like you're OK, and these shopkeepers were wrong to detain you; your papers, please".

      The outrage is that everyone is a "suspected shoplifter" automatically, expected to prove that they're not stealing on their way out the door, without any prior evidence that they are shoplifting, and saying "no" to this search is *counted* as evidence. Then, the same issue on a larger scale, the police demanding something from an innocent person that they have no right to demand, and then taking that refusal as suspicious evidence worthy of arrest itself.

      This is EXACTLY what the 5th Amendment was meant to protect against: people being held automatically under suspicion, and refusing to comply with an unwarranted search counting as evidence warranting the search. It's like being arrested for "resisting arrest" alone - what was I being arrested for that I was resisting? Refusing a warranted search is wrong; but refusing a search alone should not be grounds for a search, otherwise anyone could search you whenever they wanted on no grounds whatsoever, and either you comply willingly, or your refusal justifies force. That's not right.
      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
  106. Re:Attempted Murder for a beating? Not cool. by cayenne8 · · Score: 1
    "No, please stop apologizing for bigots. Would you feel the same way if the white kids had hung up swastikas and some jewish kids had beaten up the ring-leader? Would those jewish kids deserve 'attempted murder' when the bigot walked out of the hospitol hours later with less damage than most people involved in a car crash?"

    First...I agree that the charges were too harsh.

    However, hanging a noose, or displaying swastikas, last time I looked, were not crimes. Physically beating someone, yup..that's a crime. If the person HAD been beaten worse, yes, maybe the harsher criminal charges, but, from what I hear that he wasn't hurt that badly, as you related, no, the charges were too harsh.

    But, while displaying emblems, or symbols that may offend others may be distasteful at times, it is not illegal. Freedom of speech pretty much trumps freedom from being insulted, or offended otherwise, it isn't free expression.

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  107. Re:Attempted Murder for a beating? Not cool. by Anonymous Coward · · Score: 0

    How about someone with 2 prior battery convictions?
    Who already had the charges reduced pre-trial?

    http://www.thetowntalk.com/apps/pbcs.dll/article?AID=/99999999/NEWS/70915030

  108. so in your world by circletimessquare · · Score: 1

    anyone can shoplift, without any fear of prosecution, and no one will stop them

    in other words, you are completely out of touch with reality

    because, apparently, store rent a cops stopping shoplifters is a sign of the coming fascist armageddeon, somehow

    (!?)

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:so in your world by Anonymous Coward · · Score: 0

      Funny, I never said anything of the sort. I never said the word "fascist", and never claimed that you have no fear of prosecution. That post was my first one in the thread. Perhaps you are confusing me with some of the other posters.

      The store has every right to stop shoplifters, provided they have actual proof of the act. If they see a guy stuff a product into his coat and then try to walk out the door, they can call the police and detain him until the police arrive.

      What they have no right to do is to force anything upon normal shoppers just because it's in the name of stopping shoplifting. If they see me actually stealing something then they can go beyond looking in my bag and go straight to a citizen's arrest. But if they do not see me stealing something then the only thing they can legally do is kick me out if I don't comply with their demands. This isn't a very difficult concept to understand, really. If they catch you doing something wrong they can hold you. If they don't have specific evidence that you did something wrong then they can't lay a finger on you or touch your property. Keep in mind that anything you buy is your property from the moment you hand over the money.

      The same principle applies everywhere and to everyone. If I see you stealing my car I have every right to chase you down and keep you from leaving until the police arrive. But if I just see you driving a car that kind of looks like mine and I try the same thing, that will land my ass in jail. If I invite you to my home and see you slipping some jewelry from the bedroom then I can keep you until the police arrive. But if I'm just a paranoid son of a bitch and am convinced that everyone who comes into my place is a potential thief and prevent you from leaving until you show me the contents of all of your pockets, that is false imprisonment and will land my ass in jail.

      There is nothing fascist about it, but the store simply doesn't have the rights you seem to think it does.

  109. yes, you could do it the hard way by circletimessquare · · Score: 1

    or you could do it the easy way: "show me your receipt please" (smacks forehead)

    exactly why is doing it the hard way better than doing it the easy way, and why would ANYONE have a VALID reason for not showing a receipt?!

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:yes, you could do it the hard way by pthor1231 · · Score: 1

      Because being forced to show your receipt is not the easier way, it is the wrong and illegal way.

    2. Re:yes, you could do it the hard way by Anonymous Coward · · Score: 0

      Because I do not want to wait in line behind all the idiots who want to show their reciept

  110. Just for kicks by Anonymous Coward · · Score: 0

    I see his point and also pity him for his naivety. I wonder if he HAD indeed stolen the item, how would the store manager and police officer responded differently? A real thief would have acted in the same manner as he, and so then how was the store manager and police officer supposed to know this? I know this isn't the actual point being debated but some context and understanding could go a long way.

    I guess a subtle but differentiating factor could be in what each party's intentions were. I agree that he (mike was it?) may have done nothing wrong, but it seems obvious that he was inviting trouble, whereas the others were just doing their job. Yeah, so they may not be experts in regards to the law... but it wasn't their INTENTION to violate his rights either. In some aspects, it could seem that THEY were the victims in a needless encounter in a grey matter that could all have been so so easily avoided. Aren't there better things worth your effort?

    1. Re:Just for kicks by Tony · · Score: 1

      He allowed the police officer to inspect his bags. Then the police officer insisted on seeing his ID; but, because he wasn't driving a vehicle, and since he was cleared of the accusation by the police officer himself, he was under no obligation to provide his ID.

      It was the principle of the thing, and I fully understand and agree with him.

      --
      Microsoft is to software what Budweiser is to beer.
  111. Re:Attempted Murder for a beating? Not cool. by Supergood-ape · · Score: 0, Troll

    "Would those jewish kids deserve 'attempted murder' when the bigot walked out of the hospitol hours later with less damage than most people involved in a car crash?"

    I'd say that has far more to do with whether they attempted to murder him or not, and nothing at all to do with how much physical damage he sustained.

    The charge isn't contingent on the physical damage done, so why bother to mention it?

  112. Re:Attempted Murder for a beating? Not cool. by cayenne8 · · Score: 1
    "The legal requirements for charging a youth (not an adult) with a non-violent "hate-crime"

    I'm not sure I know what the heck you mean...

    As far as I know, there is no such thing as a non-violent hate crime in the US, at least not in LA.

    I'm assuming you are alluding to the nooses hung in the tree. While doing that can be construed as insulting, and distasteful.....it is far from being illegal.

    Displaying symbols or the like, even if it raises the ire of a particular group, is not against the law.

    Beating someone physically IS against the law.

    Those are 2 distinct issues. I hope we do not turn into countries like the ones in Europe, where it is against the law to say and do things....I've heard that it is against the law to sell nazi era guns, knives or other artifacts over there, like say on eBay. WTF??

    I don't agree with hate speech, or much of the garbage any extreme group spews....but, they do have the right to say and display their expression of their beliefs. And it should remain that way. If you cut them off...what's to prevent cutting off less offensive, but more viable viewpoints and ideas? And cutting off a few more than that....etc.

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  113. Re:Attempted Murder for a beating? Not cool. by NeutronCowboy · · Score: 1

    What do prior battery convictions have to do with attempted 2nd degree murder charges? What do you know about the prior battery convictions? Were they similarly exaggerated as the 2nd degree murder task? Considering the current state of affairs, I'm curious about that.

    As for charges that were reduced pre-trial - some of the defendants were charged with battery instead of attempted 2nd degree murder. Should they be grateful that a gross injustice had been reduced to merely having the book thrown at them - the adult version of the book, not the juvenile version, as required by law?

    --
    Those who can, do. Those who can't, sue.
  114. Re:Why not cooperate? by ultranova · · Score: 4, Insightful

    Moral of the story, freakin cooperate with the police or you'll get tasered. Doesn't matter if you're guilty or not. Not cooperating makes you look guilty.

    Another moral of the story: insecure people wearing an uniform because it gives them a sense of power will fly off the handle if they feel their authority is in any way challenged. It isn't the question of being suspicious, it's the question of threatening the policeman's delusions of grandeur.

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  115. Re:Attempted Murder for a beating? Not cool. by Supergood-ape · · Score: 0, Troll

    "What do prior battery convictions have to do with attempted 2nd degree murder charges?"

    Did you really just ask that question?

    Really man, you're embarrassing yourself.

  116. Re:One question...Insightful? by IndustrialComplex · · Score: 1

    How the hell was this AC post modded as insightful?

    It's somewhat humorous, and rather sad, that whenever your sort wants to attack the ACLU without exposing your own authoritarian leanings... all you can do is criticize them for not doing enough.


    'your sort'? Aren't you making a lot of assumptions about him based on a post that made no mention of his political views? He is absolutely correct in his observation that this wasn't as 'hot' of a topic for the ACLU. By 'hot' he means something that would garner media attention. The thing is, often that attention is drawn by the ACLU getting involved in the first place.

    This case was important, not because of the receipt refusal, but of the police officer's reaction. Granted the ACLU doesn't have unlimited resources, but even a slight assistance on their part, even the rumor that the ACLU would get involved might make the city a little more cautious.

    --
    Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
  117. Re:Why not cooperate? by lupis42 · · Score: 2, Interesting

    Note to self: Showing up at this guys house in a nice blue uniform with a good plastic badge == obtaining getting his social, drivers license, maybe even some cc numbers. Seriously, not that long ago, NY state had issues with carjackers dressing up as cops, putting blue flashers on their dashboards, and pulling people over on highways, then shooting them and stealing their cars. Aside from the fact that cops themselves can be crooked, there's always the danger that the nice man asking for your ID is just pretending to be a cop. Despite this, most cops get really annoyed when you ask them for ID, badge number, etc. The way I see it, they deserve a little of their own back. All of that is of course mostly irrelevant, the really important point is that we don't have to show ID because we live in a free country, if we did have to show ID, it wouldn't be a free country, and when the cops try to act otherwise, they need to be sued, as a reminder of how far their rights go.

  118. Re:Attempted Murder for a beating? Not cool. by Anonymous Coward · · Score: 0

    "What do prior battery convictions have to do with attempted 2nd degree murder charges?"

    The charge was reduced pre-trial.
    Prior convictions are taken into consideration in sentencing.
    Violation of probation.

    "As for charges that were reduced pre-trial - some of the defendants were charged with battery instead of attempted 2nd degree murder. Should they be grateful that a gross injustice had been reduced to merely having the book thrown at them - the adult version of the book, not the juvenile version, as required by law?"

    According to Louisiana's Children Code, if someone is 15 or over -- Bell was 16 at the time of the incident and Beard was 14 -- and they are charged with one of a list of specific charges -- they must be tried in the adult justice system.

    Yes, so "set the kid free" like all the signs say...

  119. Give product back and dispute charges by nullix · · Score: 1

    I have a better way to handle this problem when it happens with Circuit City (or other store):

    When asked to show receipt:
    1. Refuse.
    2. If pressed, hand them the bag, but not receipt.
    3. Pull out cell phone. Call your credit card company and dispute the charges from Circuit City.
    4. Circuit City will be hit with extra credit card charges.
            a. Charge for post-auth/sale transaction on credit card.
            b. Charge for dispute.
            c. The lost time working with you.
    5. They can always contest your disput since they have a credit card swipe and signature. But you can just rebut with you never received your product. I would keep the receipt just in case.

  120. Brooklyn Police Are Ciminals and Bullies by pyster · · Score: 0

    In the late 90s I lived in brooklyn and had several encounters with their officers. No amount of yes sire/no sir changes their demeanor. They a bullies who see nothing wrong in harassing law abiding folks. I was happy to see that two of the officers who had on more than one occasion given me an unnecessary hard time were found guilty of drug trafficing related offense back in 2000.

    Unlike Righi, I am certain the cop in question was a bad cop. Instead of protecting this mans rights he knowingly arrested the man on bogus charges.

    It does not surprise me that the plain dealer out right lied about the outcome of this story. The paper has been printing half truths and biased stories for years. I often wondered, if they print mistruths about Howard Stern what else are they lying about?

  121. why do it the hard way? by circletimessquare · · Score: 1

    what is the rationale for the store doing it the hard way? why can't the store just ask everyone for a receipt at the exit, the easy way? what is exactly wrong with that?

    because, what is the rationale, ANY valid rationale, for refusing to produce a receipt?

    i simply can not understand why anyone would have a problem with that

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:why do it the hard way? by Anonymous Coward · · Score: 0

      what is the rationale for the store doing it the hard way? why can't the store just ask everyone for a receipt at the exit, the easy way? what is exactly wrong with that?
      They can. I specifically said they can. They have every right to ask everyone for a receipt at the exit.

      What they cannot do is force everyone to show their receipt at the exit. They have every right to ask. They have no right to enforce it. The best they can do is remove uncooperative people from the premises.

      because, what is the rationale, ANY valid rationale, for refusing to produce a receipt?
      Nobody has a right to force me to show them any of my personal property. They can ask to see it, and I can refuse to give it to them. The products and the receipt are my property, and I don't have to show it to them. The fact that I very recently obtained them from this store is irrelevant. That is the rationale. If they ask you to hand over your wallet, or your underwear, do you comply? If not, why this but not that?

      i simply can not understand why anyone would have a problem with that
      That's fine, you don't have to understand it. Keep showing your receipt if you wish, I don't care. Just understand that there is no law that compels you to do it, nor compels anyone else to do it, so if any of us decide not to show our receipts then we are entirely within our rights under the law.
    2. Re:why do it the hard way? by _Sprocket_ · · Score: 1

      because, what is the rationale, ANY valid rationale, for refusing to produce a receipt?

      i simply can not understand why anyone would have a problem with that Do you always do everything other people want you to do? I suspect you don't. It would be a very difficult life living at others' whims all the time.

      What is the valid rationale? "I don't want to." That's all. Doesn't matter if it seems confrontational or rude to you. Doesn't matter if you don't understand it. It is just as valid as the stores asking for the receipt.
    3. Re:why do it the hard way? by bkr1_2k · · Score: 1

      Because you "simply can not understand why anyone would have a problem with that" doesn't mean their rationale is invalid. It simply means you can't understand, which only speaks to your capabilities, not the rationale behind their actions.

      I agree, it's basically a dick move to push the issue, but the valid rationale is it's within his rights not to show the receipt. What more validity is there than his rights as a citizen of the US?

      --
      "Growing old is inevitable; growing up is optional."
  122. Q: Why not cooperate? A: Because I am free. by Sylver+Dragon · · Score: 5, Insightful

    The point is that we should not have to justify ourselves to anyone, period. The police are not our masters, the government is not our master. We are each, our own master; this is what Liberty means. By requiring us to present any sort of papers or justification for us to be somewhere where we are allowed to be (especially a public place), the government and specifically the police are attempting to proclaim superiority over us. This is absolutely wrong. I applaud Michael Righi for taking a stand and saying, "no." It is sad that he has been dragged through this ordeal. It is sad that, in order to defend his rights as a human being, he was forced to pay out a considerable sum and that his family was so put upon; but this is the price of freedom.
    I find it sad that we have become so timid, in this country, that we are willing to tolerate this type of activity by the police. While the officer in question might have thought himself justified in making such a demand, and then enforced his wrongheaded belief with the authority we have granted him , he was wrong and should be called to account for it. We have given the police special powers, because it is necessary for them to do their job. I realize it is a very hard and thankless job; it does not pay well, and is often looked upon with scorn. But, that is something which must be accepted when a person chooses to become a police officer. Along with that, there must come an added level of responsibility to use the powers granted by the people, in an appropriate fashion. Any abuse of those powers, no matter how slight, must be punished. This is were we, as a society, are failing to uphold our rights, and will lose them eventually; we not only allow abuses such as these to go unpunished, we have people who encourage it. The AC who posted the idiocy of, "Why not cooperate?" is complicit is the destruction of our rights. He would give over his personal sovereignty to the police because it is easier. Freedom and Liberty are not easy, they are hard, but they are worth the constant struggle. He may think that having the police rule his life will make him safer, but time and again history has shown us that this is not the case. Governments given absolute sovereignty over their citizens do not long remain benign, and usually lead to tyranny and abuses far greater than the constant annoyance of crime.
    Liberty requires that each of us take responsibility for ourselves. This includes accepting a certain level of risk from criminals who may abuse their freedom. This means that you will be responsible for protecting and caring for yourself. In then end, you must ask yourself whether it is better to die on your feet or live on your knees.
    Patrick Henry said it best:
    I know not what course others make take, but as for me: give me Liberty, or give me death.

    --
    Necessity is the mother of invention.
    Laziness is the father.
    1. Re:Q: Why not cooperate? A: Because I am free. by The+Good+Reverend · · Score: 1, Insightful

      Mod this up. Fantastically put.

    2. Re:Q: Why not cooperate? A: Because I am free. by igny · · Score: 2

      What's up with praising other posts? This is like 5th time someone praised someone else's comment here.

      --
      In theory there is no difference between theory and practice. In practice there is. - Yogi Berra
    3. Re:Q: Why not cooperate? A: Because I am free. by mcmonkey · · Score: 1

      What's up with praising other posts? This is like 5th time someone praised someone else's comment here.

      Well said.

    4. Re:Q: Why not cooperate? A: Because I am free. by Cornflake917 · · Score: 1, Troll

      We have given the police special powers, because it is necessary for them to do their job. I realize it is a very hard and thankless job; it does not pay well, and is often looked upon with scorn. But, that is something which must be accepted when a person chooses to become a police officer. Along with that, there must come an added level of responsibility to use the powers granted by the people, in an appropriate fashion. Any abuse of those powers, no matter how slight, must be punished. If it's a hard and thankless job and it doesn't pay well, Who the hell is going to take jobs like these? It would only be people who couldn't work any where else. Do we want to give these people power and authority? You can't just underpay cops, punish them at any hint of wrong doing, and expect to have qualified individuals protecting and serving. Why don't you just admit that you don't like and don't want cops. That's all fine and dandy, you just better be ready for a society without police officers (make sure you buy a nice gun, and know how to use it).

      Patrick Henry said it best:
      I know not what course others make take, but as for me: give me Liberty, or give me death. Do I have to remind people we are talking about a guy who refused to show his receipt and identification? This isn't the American Revolutionary War. Nor is this part of some civil right movement. Give me a fucking break.
    5. Re:Q: Why not cooperate? A: Because I am free. by jdjbuffalo · · Score: 1

      I just wanted to say thank you for your insightful, amazing and articulate post. Posts like yours are why I read Slashdot.

      I hope one day people like you and I can help steer this country back to these beliefs so that most people understand the real meaning of freedom and liberty (it's not just a bumper sticker).

      --
      We have four boxes with which to defend our freedom: the soap box, the ballot box, the jury box, and the cartridge box.
    6. Re:Q: Why not cooperate? A: Because I am free. by Jinjuku · · Score: 2, Insightful

      Dude, you made the actual crux of the matter and don't even realize it: A person went to jail, was arrested , booked, fingerprinted all because he didn't feel like being called a criminal that day by a CORPORATION!?
      He didn't show someone a receipt or open his bag? Now that is fucked up.

      Are you kidding me? You actually don't get it? How thick can you be? Simply amazing.

    7. Re:Q: Why not cooperate? A: Because I am free. by Sylver+Dragon · · Score: 2, Interesting

      If it's a hard and thankless job and it doesn't pay well, Who the hell is going to take jobs like these? It would only be people who couldn't work any where else. Do we want to give these people power and authority? You can't just underpay cops, punish them at any hint of wrong doing, and expect to have qualified individuals protecting and serving. Why don't you just admit that you don't like and don't want cops. That's all fine and dandy, you just better be ready for a society without police officers (make sure you buy a nice gun, and know how to use it).

      I would not ever advocate a society without a police force, but thank you for putting words in my mouth. I was merely pointing out the current condition of being an officer. Actually, what I would like to see is better pay for the police, better training and good oversight. Part of the problem with the police we do have is that it is underpaid and very non-glamorous. While the latter is probably a lost cause, the former could be fixed quite easily. The end result of the current state of affairs is that we get what was seen, police officers acting irresponsibly with the powers they are given.
      As for punishing them, this is a must. Certainly, there is going to need to be a review of each case and an appropriate punishment to any infraction. I wouldn't want to see the officer, in this case, thrown off the force for doing what he did. He should not, however, be let go with no repercussions. At the very least, he should spend some time in training on what the rights of a person are, and where his powers end.

      Do I have to remind people we are talking about a guy who refused to show his receipt and identification? This isn't the American Revolutionary War. Nor is this part of some civil right movement. Give me a fucking break.

      The point wasn't about fighting and dieing over showing ID or not. If your read the previous paragraph, you will notice that I was talking about dealing with criminals and taking responsibility for your own protection against them, rather than ceding your liberty to a government. It is quite possible that, in the US, some criminal will abuse their rights and kill you. Rather than running in fear to the waiting arms of a police state, we must each be willing to stand and fight, and possibly die, to protect ourselves and preserve our liberty. We must each be willing to accept that its a dangerous world out there, and that the safety offered by giving up our liberty to a government, is a dangerous illusion.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    8. Re:Q: Why not cooperate? A: Because I am free. by Eternauta3k · · Score: 1

      Rather than running in fear to the waiting arms of a police state, we must each be willing to stand and fight, and possibly die, to protect ourselves and preserve our liberty. We must each be willing to accept that its a dangerous world out there, and that the safety offered by giving up our liberty to a government, is a dangerous illusion.
      When do we stop? Anarchy?
      --
      Yeah. Would you choose a neurosurgeon who pokes around people's brains in his spare time? I wouldn't.
    9. Re:Q: Why not cooperate? A: Because I am free. by crotherm · · Score: 1

      Do I have to remind people we are talking about a guy who refused to show his receipt and identification? This isn't the American Revolutionary War. Nor is this part of some civil right movement. Give me a fucking break. It has to start someplace.
      --
      "Those who make peaceful revolution impossible, make violent revolution inevitable" - JFK
    10. Re:Q: Why not cooperate? A: Because I am free. by Sylver+Dragon · · Score: 2, Insightful

      The police are there to investigate crimes after they happen, arrest those responsible and turn them over to the courts to be tried for breaking the law. They cannot, and do not protect individuals. It borders on insanity to believe that they can. The police do not have the resources to have an officer everywhere at once, always ready to stop every crime. There is no way to do so unless you deputize half of society to watch the other half, and then never let them sleep. There will will be times in every normal person's life where they are outside of the direct protection of the police. At these time, such a person must be responsible for their own well being.
      While I believe that I am responsible for protecting myself and my family, it is quite possible that I will fail. Moreover, if I shoot someone and claim self-defense, who is to say that I am not lying? The crime (presumably either an assault on me, or a murder and lie on my part) needs to be investigated. If I am lying, I need to be arrested and held to account for the murder. This is where the police come in. They are there to pick up the pieces afterward and determine whether or not they fit together. This is the reason we give them the power to question people, to arrest suspects and to search private property under the oversight of the courts, it would be impossible to investigate crimes otherwise.
      A large part of the problem is that we, as a society, are starting to expect the police to prevent crime. They cannot reasonably do this, but they try. The problem is that, in order to do so, they are engaging in behaviors which run counter to a free society. The current case being just one example. This is why it is important for us free citizens to accept the responsibility of living in a free society, and the dangers which come with it. We need to let the police do their real job, investigating crimes, and quit trying to get them to be our personal bodyguards.
      The goal is not anarchy, it is a society and government which respects the liberty of each individual. And there is a place for the police, it is just not as protectors, but investigators.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    11. Re:Q: Why not cooperate? A: Because I am free. by EdwinFreed · · Score: 1

      Fantastic post. I have one quibble: Your assertion that police are poorly paid. Of course things vary a lot from one place to the next, but here in LA average police salaries range from $52,638 to $70,679 (source: http://www.lacity.org/PER/recruit1.htm). That's hardly a king's random but neither is it a pittance. I also note that the same site says that anyone with a college degree is likely to start at a salary above the minimum.

    12. Re:Q: Why not cooperate? A: Because I am free. by schlick · · Score: 1

      This is the slashdot equivalent of AOL's, "Me too!"

      --
      "It's because they're stupid, that's why. That's why everybody does everything." -Homer Simpson
    13. Re:Q: Why not cooperate? A: Because I am free. by EntropyMan · · Score: 2, Funny

      It has to start someplace. It has to start somehow. What better place than here. What better time than now.

    14. Re:Q: Why not cooperate? A: Because I am free. by Anonymous Coward · · Score: 0

      I realize it is a very hard and thankless job; it does not pay well, and is often looked upon with scorn.
      On the contrary, I have observed it to be an easy job that pays very well for high school graduates who are then elevated to the status of privileged heroes and practically worshiped in the popular media.
    15. Re:Q: Why not cooperate? A: Because I am free. by flynns · · Score: 1

      Seriously. And if those bastards had just paid the damned tax on the tea, it wouldn't have been a big deal, and we wouldn't be IN this mess today. A government takes taxes to run, and surely those in power over us wouldn't abuse that power. It's just taxation.

      --
      'If you're flammable and have legs, you are never blocking a fire exit.'
    16. Re:Q: Why not cooperate? A: Because I am free. by flynns · · Score: 1

      I dunno about you over in LA, but around here, Law Enforcement starts at just a smidge over $24k/year, if you're lucky enough to land a spot with the county. If you have to work as a city cop, you're royally fucked. $20k/yr. You make more than 20k/yr at Taco Bell around here.

      --
      'If you're flammable and have legs, you are never blocking a fire exit.'
    17. Re:Q: Why not cooperate? A: Because I am free. by rtb61 · · Score: 1
      The real meaning of freedom and liberty - every freedom or liberty that you blithely give up your grandchildren will pay a bloody price to recover, the same bloody price you grand parents paid to gain and retain your freedom and liberty in the first place.

      It is also how the whole legal system has been politically corrupted. The courts are not there to convict criminals, the courts are there so that the government and law enforcement have to prove the legal validity of their accusations to the public, that they are in fact upholding the law and not wilfully abusing the power given them. They are there because people with power can not always be trusted to do the right thing, as this case has self evidently displayed.

      As for the prosecutor in this case in protecting the city, she has harmed the law and abused the courts, a contemptible abuse of the system. Using legal fees and the extended duration court system as a peremptory and coercive penalty, a remarkable lack of respect for the law combined with a compete absence of moral integrity.

      --
      Chaos - everything, everywhere, everywhen
    18. Re:Q: Why not cooperate? A: Because I am free. by SonicSpike · · Score: 1

      Can I guess who you are going to vote for? ;-)

      --
      Libertas in infinitum
    19. Re:Q: Why not cooperate? A: Because I am free. by cortana · · Score: 1

      Sometimes I do it because I see a post of notable quality, but I can't mod it up (having not received any mod points for several years... no idea why).

    20. Re:Q: Why not cooperate? A: Because I am free. by Anonymous Coward · · Score: 0

      You have good ideals but you fail in many ways.
      Liberty is an impossible ideal. We are all in this together, and our freedoms are necessarily limited, mutually.
      Where you fail most is with this "why not cooperate?" rant.
      Police officers need your cooperation because they have better things to do than get fucked around by stupid kids.
      Police exist not because some mythical masters decided we need them. They are there to help us, to stop our society from disintegrating. *We* made the police, because we needed them.
      This is what many of you don't understand. There is no conspiracy... It's not some shady organization telling you what not to do. It's *us*. The people around you. You are behaving badly, we don't like it, and we will say so, and we will take steps to stop you from doing it. Oh noes. We are so fascist. Fuck you. Behave your fucking self. We're fed up with you.
      You know the worst part? This idea that if I don't follow your ideals to the letter that I'm a coward, that I hate freedom, blah blah. Fuck you. Seriously. You have no fucking idea what I think. I out-think you in every way possible. I like the freedom I have but in a way you would never concieve of.

    21. Re:Q: Why not cooperate? A: Because I am free. by Anonymous Coward · · Score: 0

      I myself am not Sherlock Holmes or Ben Matlock, but I would venture to guess by your angry response "cornflake917" that you work or have worked in law enforcement. And the mentality you display in your comment is the whole reason this country is where it is. Oh, and I would bet my pants that you are one of the minority that still support this administration. Language such as yours, so easily dismissing principals upon which our constitution and our country were founded, will lead us exactly where the original post referenced.

    22. Re:Q: Why not cooperate? A: Because I am free. by Anonymous Coward · · Score: 0

      Idiot.

    23. Re:Q: Why not cooperate? A: Because I am free. by MECC · · Score: 1

      Do I have to remind people we are talking about a guy who refused to show his receipt and identification? This isn't the American Revolutionary War. Nor is this part of some civil right movement. Give me a fucking break.

      Boston Tea party, anyone?

      --
      "We are all geniuses when we dream"
      - E.M. Cioran
    24. Re:Q: Why not cooperate? A: Because I am free. by ezratrumpet · · Score: 1

      As of time of post, parent hit the #1 spot on Reddit. I've never seen a /. comment appear in that spot before - congratulations!

    25. Re:Q: Why not cooperate? A: Because I am free. by towsonu2003 · · Score: 1

      You're in reddit front page, if you're interested in that - http://reddit.com/goto?id=2shgu :)

    26. Re:Q: Why not cooperate? A: Because I am free. by Sylver+Dragon · · Score: 1

      er, thanks, I think....
      What is Reddit?

      --
      Necessity is the mother of invention.
      Laziness is the father.
    27. Re:Q: Why not cooperate? A: Because I am free. by Anonymous Coward · · Score: 0

      Well.. sure the guy deserves a right to freedom. But who's to say he wasn't just a thief that stole that item and was returning it for someone elses money? That's WHY we ask these questions in stores before taken any action. It's to protect everyone. And say he was a thief - and it was your item he stole then someone reported him to the police and they police contacted you "Hey, we have your item and the thief." What then? EH EHHH!!!? hehe

    28. Re:Q: Why not cooperate? A: Because I am free. by Anonymous Coward · · Score: 0

      A social bookmarking site, quite tech oriented.

      Think Digg, but will less stupidity and more interesting comments (usually). And where people read the articles before commenting on them, too.

    29. Re:Q: Why not cooperate? A: Because I am free. by flash357 · · Score: 1

      I have to say that I agree with this assessment 100%. To say that you have expressed my level of frustration with what we have become as a society would be the understatement of the year. "Because it is easier" is the shining point with the exclamation mark sitting right next to it. The fact that people shrug their shoulders when discussing the derision of our rights by this administration is the most frustrating aspect of this debate. Whenever I approach someone and the topic of conversation turns to politics, we will eventually hit home on rights. Almost everyone I know shrugs and gives the "what do I care?" look. People in this country NEED TO WAKE UP!

    30. Re:Q: Why not cooperate? A: Because I am free. by Anonymous Coward · · Score: 0
    31. Re:Q: Why not cooperate? A: Because I am free. by Sylver+Dragon · · Score: 1

      Can I guess who you are going to vote for? ;-)

      Mickey Mouse.
      From the looks of things, the '08 Presidential race will be between Hillary Clinton and Rudy Guliani. While I would love to see Ron Paul win the Republican nomination, and I even registered Republican this time so that I could vote in the primary, I don't expect a conservative to win the nomination in a party run by fascists.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    32. Re:Q: Why not cooperate? A: Because I am free. by Anonymous Coward · · Score: 0

      Superb, uplifting and inspiring comment Sylver Dragon. top score in my opinion. I needed to hear your words in a week of a student being tasered for speaking freely at a political venue, when questions or comments were supposedly allowed; 'misplaced' nuclear bombs being flown over our country by a military we pay our taxpayer dollars to protect us; Blackwater mercenary sociopaths insanely gunning down innocents in Iraq and being paid more than our US soldiers get as wages by American taxpayer dollars to do it; so-called Homeland Security ATS now creating dossiers on travelers within the US including what books they are reading; the remote pain ray gun marketed by Raytheon to our military for who knows what malicious purposes. It's been a sickening time, with an increasing police state and it's profoundly comforting to hear you pipe up. Thank you.

    33. Re:Q: Why not cooperate? A: Because I am free. by capnjeremy · · Score: 1

      The problem with this story is that it WASN'T a public place. The man went into a private business, and thus should abide by the private businesses rules on their property. I do agree that the police were out of line, but so was the customer. Is it a not a key point in liberty to have total control of your own property?

      Circuit City was not in the wrong, even if it is a stupid policy that I don't agree with, that's for the consumer to decide. Don't like to show your receipt at the door? Don't shop at Circuit City. The market will react accordingly.

      Unless the government steps in, of course.

    34. Re:Q: Why not cooperate? A: Because I am free. by SonicSpike · · Score: 2, Interesting

      Rudy will not win because of his stance on abortion and gun control. The only 3 that have a chance are Paul, Huckabee, and Thompson. Of those 3 Paul is the only one dedicated to getting us out of Iraq, thus he is the only one who can beat Hitlary in the general election. If Paul doesn't get the nomination, its Hillary time ugh

      --
      Libertas in infinitum
    35. Re:Q: Why not cooperate? A: Because I am free. by Sylver+Dragon · · Score: 1

      Actually, I do agree that the guy was being an asshat by not letting his receipt be looked at. I hadn't really read into the story fully, and was just reacting to the arrest over ID, and the post which I was responding to. On the flip-side, the manager could have handled it better. If he did think that the guy was stealing, place him under citizen arrest, and inform him of this fact, and call the police. It might be argued that this is what he did, and I'd be OK with that view of it; granted, I'm not sure if he ever stated this as his intent, nor was he the one to call the police.
      I would be careful about how much leeway a store is given in searching someone as they exit. Would you agree to a strip-search every time you leave? Would a store asking for or expecting one even be reasonable? I don't think so (I know, slippery slope, but I am stating the extreme to make a point). Like most places where laws are needed this is one of those places where differing rights conflict a bit. The store owner does retain his property rights, but my entering the store is not carte blanch to violate my rights either. I still remain a free individual, despite being on someone else's property (assuming I am there with their permission). So how far do we go? I can see agreeing to a review of receipt and a review of the contents of the bag in which my items were placed. I can see them asking me to leave a backpack outside, or storing it in a secure place. I would not agree to them searching my personal bag, it is my property and the contents are private. If they would rather I did not bring it onto the premises, that's fine. While I'm not much for new laws, this does seem one good place to have one, so that we can define the line of what is allowed and what isn't. Somehow I doubt that we'll ever see one here though.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    36. Re:Q: Why not cooperate? A: Because I am free. by blueskies · · Score: 1
      You've thought about this for all of 5 seconds, huh?

      The man went into a private business, and thus should abide by the private businesses rules on their property. I do agree that the police were out of line, but so was the customer. Is it a not a key point in liberty to have total control of your own property?
      So you wouldn't mind being fondled by CC employees if that is their policy? Even more so, you wouldn't mind being imprisoned by the employees indefinitely if you turned around and left the store after hearing the policy? I mean you are still on private property--too bad that you can't get off the property now that you gave up all of your rights for being there...

      I can't wait until you step foot on my lawn so i can punch you in the face, since that is my policy.
  123. Re:One question...Insightful? by Anonymous Coward · · Score: 0

    "Aren't you making a lot of assumptions about him based on a post that made no mention of his political views?"

    There are no such assumptions. The comment clearly states that those political views are shown indirectly (through faloi's deceptive language) and directly (in faloi's posting history).

  124. Re:Attempted Murder for a beating? Not cool. by antibryce · · Score: 2, Insightful

    I agree with pretty much everything you've said, but I wanted to add some facts about Mychael Bell (one of the teens who garnered the most initial support due to his being a good football player.) Not only was he on probation for a previous violent assault, he committed 3 other violent crimes (two of them assaults, one a robbery of some kind) while on probation. All of this was factored in for the criminal case.

    Simply because of that I don't approve of him being released. He's clearly a violent person and the fact that he's a violent person living in a town with racists shouldn't affect his sentence in any way.

  125. showing your receipt by circletimessquare · · Score: 1

    please, i beg of you, i beg of anyone, to give me a valid reason why someone would refuse to show their receipt

    i beg someone to tell me exactly what the big deal is with showing your receipt at the door, and why this is such a hardship

    please, someone, enlighten me as to horrible freedom-robbing hardship of showing a receipt at the exit of a store!

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:showing your receipt by Anonymous Coward · · Score: 0

      Because you don't have to.

    2. Re: showing your receipt by Anonymous Coward · · Score: 0

      But how are they to know that he held a printed receipt unless he showed it to them?

    3. Re: showing your receipt by fafaforza · · Score: 1

      The receipt didn't prove anything because you don't know what's in the bag.

    4. Re: showing your receipt by King_TJ · · Score: 1

      I think you missed the point, though.... The only people with authority to demand you show them "what's in the bag" are law enforcement officers! That's why if someone is caught shoplifting and detained at a store, the police are called in if they don't want to co-operate. Ultimately, the store employees don't have the authority to MAKE a person co-operate.

      Same goes for a receipt, really.

    5. Re: showing your receipt by bkr1_2k · · Score: 1

      You're not allowed to do anything to a suspected shoplifter until after they walk out of the store. Even if you stand there and watch them shove something in their pocket, there's no law broken yet if they haven't left store property with the item.

      In South Dakota, many years ago, we had to wait until they left the parking lot completely. It made for a bitch of a task catching people, but that whole "left store property" thing made that the case. Up until they left the parking lot they were technically still on store property and could say "I forgot to pay for it and was going to go back into the store".

      --
      "Growing old is inevitable; growing up is optional."
    6. Re:showing your receipt by pintpusher · · Score: 1
      I can't believe I'm doing this.

      valid reason why someone would refuse to show their receipt because the receipt is your personal property and is not subject to search and seizure without due process. just like any of your other personal property.

      its really that simple. I totally agree that it would be totally easier to just show the receipt. But you don't have to, and if you choose not to, that is your choice.

      and why this is such a hardship because getting my wallet back out is a royal pain in the ass, finding a specific receipt in that mess is a nightmare, and if they have no *actual reason* to suspect me of shoplifting, then I've got no reason to show them proof otherwise.

      If they want to follow me out of the store, announce in a loud voice that they believe I'm shoplifting, announce that they've called the police and will attempt to detain me, then I might think about showing my receipt. Of course, I don't have to show them the contents of *MY BAG* either, though it would probably speed things along and I might do it as a matter of efficiency.

      But unless they are actually willing to press charges against me, then I have no need or desire to show them my receipt. In fact, since I'm "innocent until proven guilty" I don't have to show them my receipt ever. Even if they actually press charges and it goes all the way to trial: The prosecution says "he refused to show his receipt". The judge says "do you have any other evidence?" They say "No". And the judge laughs them out of court. I suppose, at any point I could show the receipt just to speed along the process, but unless its taken as evidence and admitted as evidence into the trial I don't have show any person on the planet that receipt because its *mine*.

      freedom-robbing the freedom-robbing is simple. This bag of stuff that you just purchased is yours. Now let me look through it and see what you bought. If you won't let me look through *YOUR STUFF* then you can't leave and I'll physically detain you for not letting me look through *YOUR STUFF*. Yeah, so what if I have no evidence of you committing a crime. And in fact, so what if you couldn't possibly have committed a crime because you *HAVEN'T EVEN LEFT THE STORE YET*, I'm still going to detain you, and dig through your personal property. And no, I'm not a law enforcement officer, and no I don't have a warrant, and no I don't have probable cause (and I'm not a cop to begin with).

      Does that begin to make sense yet?

      How about this. You come to my house, sit in my living room in plain view the whole time, never alone. I give you a gift in a bag. You look at the gift, put it back in the bag. I give you a piece of paper that says -- this item is your legal property. Now we both stand up and walk together to the door. You reach to open the door and I push it back closed. I say, you must let me look in that bag to verify that you haven't stolen anything from me. You may not leave my house until I search this bag that I gave you. If you don't let me search this bag that I gave you, then I will hold you down using whatever force I can to detain you until the police arrive. How do your freedoms feel now? Its exactly the same situation. You are in plain view in CC the whole time. They *give you the bag full of stuff* after you pay. They *give you a document* that says the bag full of stuff is yours and then after watching you the whole time and giving you the bag and proof of ownership, they stop you at the last minute and threaten to detain you. think about it.
      --
      man, I feel like mold.
  126. Paying lipservice to freedom by Tony · · Score: 1

    A victory would have been showing your receipt and spending the time as intended, stress-free with his family.

    "Freedom isn't free."

    A lot of people say this as if they mean it. Not many are willing to pay the price.

    --
    Microsoft is to software what Budweiser is to beer.
  127. Pick your fights one at a time by UninvitedCompany · · Score: 2, Interesting

    The fuckup at the root of all this was that he was pushing his luck with the cop. You have to pick your fights. The fight with the store was a valid one and fundamentally winnable, and he could have made hay out of the whole situation if he had cooperated with the cop's request for ID. His principled opposition to giving ID to the cop cost him the game because the ensuing bogus arrest took center stage and didn't allow him to focus his resources, his family support, and the media attention on the behavior of the store.

    1. Re:Pick your fights one at a time by johnny+cashed · · Score: 1

      I agree. You do anything you can to talk your way out of getting arrested by a cop. The street cop on the beat is just trying to do his job (one can argue whether the cop is doing a good or bad job). His mistake was giving the cop grief. I admire his principles, but unless one likes going to jail, and all the hassles involved, you do your best to avoid it. He should have resisted showing some ID (or driver's license in this specific case) exactly once, then if threatened with arrest, a street smart citizen should have complied to avoid arrest. He could have then lodged a complaint after the fact with the police/city.

      Lessons learned: don't expect corporate retail outlets to treat you any different than any other customer. If the majority of the customers allow themselves this type of treatment, you will get it as well. Don't like the way they treat you? Then shop somewhere else.

      Don't make things difficult for the cops. I don't like them either, I try my best to stand up to them, but I don't like getting jailed over some bullshit. The guy with the badge and the gun on his hip is in charge at the scene. If you piss them off, they will find some way to arrest you, whether the charges stick or not.

      He certainly didn't "win" in any real sense here. 7500 dollars in the hole and no way to sue to recoup his money spent defending himself by waiving his right to sue. He did get the record expunged, which is good, but he spent a lot of time and money when he could have just shown the cop some ID.

    2. Re:Pick your fights one at a time by stormy_petral · · Score: 1

      Indeed. Ultimately, the case was about illegally being required to show ID; it had nothing to do with Circuit City procedures. No victory for geeks here. Moreover, the former is probably the the more important case--and that one he yielded. No victory for libertarians, either.

    3. Re:Pick your fights one at a time by IdeaMan · · Score: 1

      Don't make things difficult for the cops. ... If you piss them off, they will find some way to arrest you, whether the charges stick or not. What the...? Are you saying that making a cop angry is justification for them to arrest/jail you?
      --
      They ARE out to get you simply because They are in it for themselves and they don't care about you.
    4. Re:Pick your fights one at a time by pintpusher · · Score: 1

      I agree too. He should have just shown the cop his ID, but he also probably should have stated to the cop in a clear and loud voice something to the effect of "my understanding of the law is that I am not legally required to show you my ID at this time, however, in the interest of expediency, I am complying. I will be contacting your supervisor and the district attorney to confirm my rights under the law and if it is determined that you were not authorized to require me to provide identification I will expect a full apology." or something like that. unfortunately, he'd probably then have to deal with removing the officer's foot from inside his skull, but that's another matter.

      --
      man, I feel like mold.
    5. Re:Pick your fights one at a time by johnny+cashed · · Score: 1

      I'm not saying it is just or right, these are the facts on the ground. If you piss off a cop, he can likely find a way of arresting you. Disturbing the peace, loitering, or in this case "Obstructing Official Business".

      Personally, I feel that the cop in this particular case shouldn't have arrested the guy. He should have detained him, cuffed him, checked him for weapons (all allowed, I believe, but I'm neither a cop or a lawyer) then checked his ID (which he did anyway) call in his driver's license number to see if he had any outstanding warrants. When everything checked out ok (which did in this case) he should have apologized, and sent the guy on his way. A cop has to have some discretion on what warrants an arrest. In this case, it is all overblown. But I am guessing that the guy really pissed the cop off, so he found a charge to arrest him with.

      Don't go out of your way to piss off cops, unless you are really certain that it will be worth the hassle.

    6. Re:Pick your fights one at a time by johnny+cashed · · Score: 1

      Let me quantify that a little more.

      Personally, I feel that the cop in this particular case shouldn't have arrested the guy. He should have detained him, cuffed him, checked him for weapons (all allowed, I believe, but I'm neither a cop or a lawyer) then checked his ID (which he did anyway) call in his driver's license number to see if he had any outstanding warrants. When everything checked out ok (which did in this case) he should have apologized, and sent the guy on his way.

      Now, in my imaginary ideal world, not even this should have happened. One should be able to state one's name and address and date of birth like the Ohio law says and be done with it. Personally, I'm not even sure if one should have to give an address, being homeless isn't illegal. But in my imaginary ideal world, Circuit City doesn't exit, or if it does, they don't hassle paying customers on their way out. My grocery store doesn't check my receipts on my way out, why does Circuit City?

    7. Re:Pick your fights one at a time by pete6677 · · Score: 1

      Is going up to the biggest dude in a biker bar and calling him a pussy justification for him pounding you into the floor? No of course not, but not too many people would be surprised when it happens. But if you want to do it in order to stand up for your rights, knock yourself out (or in this case let the biker dude knock you out).

  128. yes sir! by cez · · Score: 2, Interesting

    Therefore it is the police's responsibility to know what they can't fucking arrest me for, and the cop's ass should be on the line if they get it wrong. Mine certainly is if I fail in my duty, since the result is a cop arresting me, probably knocking me around a bit in the process, and backing their authority with deadly force. That's hardly trivial, so misapplication of this kind of force should be severely punished. Fine the fuckers, and fire them then throw their asses in jail if they do it repeatedly.
    Damn I wish I had mod points for the both of you. You are spot fucking on, and mistakes such as these should be dealt with not by a slap on the wrist, but something they will feel. Not something that they will forget as soon as the media goes away. Or a paid leave while the community expresses it's outrage.

    ignorance might be bliss...but it sure as hell is not an excuse, nor should it be a reason to let the officer escape unscathed. By doing so, its ...we'll try not to let it happen again...wink, wink, nudge, nudge.


    Anyone know what happened to the charges he filed against the CC guy? Thought he mentioned something about them being dropped in his blog but didn't go into much details...

    --
    Walk with Music;
  129. then is it wrong by circletimessquare · · Score: 1

    for the store to assume you are shoplifting?

    how can the store tell the difference between you not wanting to show your receipt and a guy who doesn't have a receipt?

    are you telling me shoplifters don't exist? are you telling me a store doesn't have a right to stop shoplifters?

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:then is it wrong by Anonymous Coward · · Score: 0

      Yes, it is wrong for the store to assume you are shoplifting without affirmative evidence that you have shoplifted.

      If the store can't tell the difference, they're supposed to assume that I'm not a shoplifter because I might just be a guy refusing to show his receipt.
      They are certainly allowed to ask for a receipt, but they're not allowed to detain me because I've refused to show a receipt.

      Stores have a right to stop shoplifters. However, refusal to show a receipt is not affirmative evidence that a person is a shoplifter.

    2. Re:then is it wrong by dannynono · · Score: 1

      Are you telling me that shoplifters stuff their illegal booty into shopping bags as a means to hide their actions. I always thought the tried and true bulky coat and baggy pants we're a little passe.

  130. Re:Attempted Murder for a beating? Not cool. by NeutronCowboy · · Score: 1

    Elaborate. Are you arguing the three strike equivalent here? Because that's a whole different ball of wax. Or are you arguing that battery -> attempted 2nd degree murder is a proper escalation of charges? Don't forget - from a legal perspective, once you've served your sentence, you've paid your debt to society. You have the same rights and privileges as anyone else. Finally, shouldn't the circumstances of the crime dictate the charges? I.e., charge someone with attempted murder if they actually tried to kill someone? And charge them with battery if it was a simple beating they administered?

    You might want to think your snide comments through. You otherwise run the risk of sounding like the stereotypical tv-addled consumer with all breadth and no depth.

    --
    Those who can, do. Those who can't, sue.
  131. how does one prove by circletimessquare · · Score: 1

    that one made a purchase at a store?

    are you telling me shoplifters don't exist?

    are you telling me a store doesn't have a right to stop shoplifters?

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:how does one prove by Anonymous Coward · · Score: 0

      are you telling me a shoplifter is going to get caught by a receipt checker? audience says - NO

    2. Re:how does one prove by pafrusurewa · · Score: 1

      how does one prove that one made a purchase at a store?
      One doesn't and isn't required to. You don't have to prove that you didn't break the law; if somebody thinks you did they have to prove it.

      are you telling me a store doesn't have a right to stop shoplifters?
      How dense are you? If they see you take something and fail to pay for it they have every right to detain you until the police arrive. How a store manages loss prevention is their problem, not mine and breaking laws isn't the way to do it.
  132. Re:Attempted Murder for a beating? Not cool. by Kingrames · · Score: 1

    "1) These were unrelated incidents ..."

    Doubtful.

    Hateful people tend to hold grudges, for a lot longer than 4 months

    --
    If you can read this, I forgot to post anonymously.
  133. Re:Why not cooperate? by OrangeTide · · Score: 1

    Exactly. The cops are there to do a job. And it is in appropriate and ineffective to file complaints about the government while the police are trying to get information from you or trying to detain you. The correct audience for your serious complaints is a court, where people can be civil and nobody has to be arrested, tasered, beaten or shot.

    They are there to enforce, to the best of their knowledge, the law. If you do not agree with their interpretation, or you think the law is unfair. It is impractical to voice your protest to the police, who lack any judicial powers to actually help you out. If someone is acting suspicious and refuses to show ID that's a right flag, and the cops are hoping you're just some crank, but will want to actually check you out because you could be acting that way because there is a warrant out for your arrest. If the cops have you and just let you go, after you sent up red flags and it turns out you did have a warrant there would be serious repercussions to that officer and his department.

    Also I would like to note that for minor things (example: like you didn't like the cop's abusive attitude when he wrote you a speeding ticket). Most of us don't want to invest the time in a court case, especially if we'd lose. But you can file a formal complaint with his department or with the city.

    --
    “Common sense is not so common.” — Voltaire
  134. Re:Why not cooperate? by Anonymous Coward · · Score: 0

    The moral I got from your story is that if I'm caught commiting a crime to cooperate with the cop and hope they'll be lenient. I didn't see anything in there about cooperating, guilty or not.

  135. ha! good one by circletimessquare · · Score: 0

    now THAT'S funny ;-)

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  136. Re:hey folks by idontgno · · Score: 1

    Didn't you used to make sense back on k5? What happened?

    I think you just answered your own question.

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  137. hmmm by scolbert · · Score: 1

    I basically agree with the guy, but here's what I would have done differently: I would have complied with the police officer if he was right or not. Our circuit city shopper could have claimed victory against the Circuit City employee and been done with it. Sometimes it not about being 100% right, but rather being 70% right (and avoiding a lot of sh*t). I think I will try this on my next visit to Fry's or Circuit City or Costco.

  138. He's an ass by Anonymous Coward · · Score: 0

    This is what you get for being an ass. He didn't refuse to let CC look through his bag because of some grandiose concept of privacy, or even because he was in a hurry. He did it to try to force his will over others. He didn't refuse to show his ID for any legit reason, either, he did it to make himself feel like a big man. And as usually happens in such situations, it came back to bite him. Bottom line: you act like an asshole, you deserve what you get.

  139. Re:Voilation of Rights? Maybe. Arrogant, yes. by dwpro · · Score: 1

    Arrogance is not a crime. Failure to comply with basic requests from snarky store managers is not a crime.

    Inventing reasons to arrest someone is a crime, and a significant one, and undermines the entire legal structure. Not standing up for your rights for convenience sake (nay, even time with the family's sake) is cowardice and shirking of civic responsibly.

    --
    Millions long for immortality who do not know what to do with themselves on a rainy Sunday afternoon. -- Susan Ertz
  140. Re:Attempted Murder for a beating? Not cool. by NeutronCowboy · · Score: 1

    And if you read the article *real* close, you'll notice that if he is tried for battery, he *has* to be tried as a juvenile. Only anything related murder requires an adult court.

    The pre-trial reduction is irrelevant. If I start with a stupid charge, should you be happy that you get a somewhat less stupid charge later?

    Prior convictions are indeed taken into consideration. However, a prior conviction for battery doesn't mean that another battery automatically gets elevated to attempted 2nd degree murder. You get to increase the sentence for another battery conviction, but you don't get to charge an entirely different crime.

    The same thing goes for the violation of probation. Violation of probation is its own separate crime, with its own sentencing rules. Just because you violate a probation doesn't mean that you get to have an entirely new charge thrown at you.

    I'm really curious - do you think that he actually tried to kill the guy?

    --
    Those who can, do. Those who can't, sue.
  141. something to consider by geekoid · · Score: 1

    With Costco you sign a contract agreeing to let them do the exit check. SO it's different. I go to costco because I balance that against the value I get for my family. If fry's became a membership club I'd stop going.

    However, I don't stop at any other stores exit people. I've never been stopped. I just say no thanks and keep walking.

    I won't even stop if they have some infernal machine that beeps and whistles when I walk by.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  142. Re:Voilation of Rights? Maybe. Arrogant, yes. by Catbeller · · Score: 1

    Silly free men, insisting that they not turn out their pockets or submit ID on demand to whomever demands it. What are they thinking? That we are free? Only businesses and police have rights. We have the right to stop making a fuss and go along. Tase him, bro. Submission is freedom, freedom is slavery, kookookachoo.

  143. All we need to know... by calhawk · · Score: 2, Insightful

    Don't know if this has been pointed out yet, but Mr. Righi has written that people who question his motivation should read The Fountainhead. That's all I needed to know about his thought process... Anyone who accepts that book as a serious philosophical treatise isn't a very deep thinker and most likely just wants an excuse to go on an ego trip.

    If Righi really wants to have more Howard Roarks in the world he should have dragged this whole thing out to the bitter end, family be damned. After all, what's more Romantic and Randian than being martyred for what you believe? Even if what you believe is only that you shouldn't take two seconds to show your receipt at Circuit City after buying a Wii game. Actually, I hear that was originally what Rand was going to write about in The Fountainhead, but her publisher suggested she make it about architects instead...

  144. Re:Attempted Murder for a beating? Not cool. by Anonymous Coward · · Score: 0

    Now, after we have done that -- let's look at what reportedly happened that landed these black kids in prison: The white kid was at a gas station and felt threatened by the black kids. So, instead of leaving the scene to avoid a conflict, he went to his truck, pulled out a shotgun and then returned, where they promptly beat his stupid ass.

    Stupid? He's doing what he should do in that situation. If I'm anywhere and six guys of ANY color start to threaten me, believe I'm grabbing my Sig. Pointing it at them is a different story, however. "Instead of leaving the scene to avoid a conflict" ?? Fuck you. This is a free country and we're allowed to be in public places without being threatened to leave. Nobody runs me off a place I have every legal right to be, period.

    Now, if some hick went to his vehicle and came back to me with a shotgun (especially in an area where I felt intimidated and threatened routinely because of my skin color), I would surely defend myself by beating his ass and disarming him before waiting to see if he intended to blow my fucking skull clean off my spine.

    Nice racial slur there. I'm assuming you're white, so calling another white kid a 'hick' isn't racist, right? Right. (I thought you detested racists and bigots??)

    Also, I very HIGHLY doubt you'd attempt to beat up someone who just pulled a shotgun on you. If you claim this, I'd be willing to bet you've never once stared down the barrel of a gun, ever. What those kids did was stupidity of the highest order. A single mistake could've killed every single one of them, and then they'd be dead instead of in prison.

    Also consider that if you had just run over and beat him down without him actually pointing the gun directly at you, well then you just committed assault. Someone having a gun in their possession isn't an immediate threat to your life, and you have no right to do anything about it, other than call the police in the case that the possession is illegal. Attempting to 'disarm' someone is about the dumbest fucking thing a civilian could ever do. Also remember here that the person pulled a gun *because you threatened them*.

    Now while I do somewhat agree with the sentiment that these kids were harshly and overly punished, ( Almost, I somewhat do agree that 6 on 1 is more than mere A&B. Perhaps tack on a gang activity charge or something, but it should definitely be felonious. ) I also believe that almost everything you just spewed out of your ignorant little mouth to be complete and utter bullshit.

    Have a nice day.

  145. Re:Attempted Murder for a beating? Not cool. by Anonymous Coward · · Score: 0

    "If I start with a stupid charge, should you be happy that you get a somewhat less stupid charge later?"

    Is the new charge accurate?

    "You get to increase the sentence for another battery conviction, but you don't get to charge an entirely different crime."

    That's not the point; nor is it the point I was trying to make.
    You stated that the entire rub of this thing is different standards for white vs. black, with no consideration of previous criminal behavior -- exactly what the thousands of marching people are espousing. Let him free, he is an "angel".

    "I'm really curious - do you think that he actually tried to kill the guy?"

    I don't know, I wasn't there and I never said the original charge was just. You can beat someone to death. Did he keep hitting the guy after he was unconscious?

  146. Reasonable alternative? by tji · · Score: 1


    I fully support this guy. Some times it is worth wasting your time and money to bring attention to a wrong. It's just a matter of degrees for where you draw the line on what you would be willing to go through. For me, it's definitely not as far as he went.

    I do walk past the receipt checkers most of the time. A simple "No Thanks" or "Hi, how ya doin?" without breaking stride is usually not resisted. I've never actually been chased outside the store.

    If I was forced to comply inside the store, I would explain that if they insist on searching me they can, but I will return the purchase and cease to shop there.

    If I was outside the store, I would keep walking - rather than get in a car where they can block your path. By walking, you give them the choice to give up or assault you to stop your exit. At that point, you would have a much better case against them, and/or the option to physically defend yourself. Also, by keeping yourself and the bags out in the open, you eliminate any claims that you had more stolen items when you left the store.. In the car, they could claim you removed items and hid them.

    Obviously, you also need to vote with your dollars. Don't shop at stores that you find offensive, and try to draw attention to their practices.

  147. Yeah, that's just wrong from the top by Supergood-ape · · Score: 0, Troll

    Your previous crimes can be considered, for example, if you're a violent criminal who has committed another violent crime.

    "You have the same rights and privileges as anyone else."

    That's wrong, felons for instance can't own guns or vote, unless they successfully petition to have their rights reinstated.

    "Finally, shouldn't the circumstances of the crime dictate the charges? "

    Sure, and whether you like it or not, one of the circumstances is "he's a repeat offender, he's done it before, he's proven he's willing to use physical force illegally, and will physically contact an individual against their will (battery)".

    "You might want to think your snide comments through."

    I did. You might want to look into learning a bit about the law before you shoot off your mouth about it.

    "You otherwise run the risk of sounding like the stereotypical tv-addled consumer with all breadth and no depth."

    Ah, well, wouldn't want to do that. I suppose I should pontificate about legal matters of which I have little knowledge and less understanding, and in so doing reveal a near total ignorance of the law and it's application.

    Nah, I wouldn't want to steal your thunder.

  148. Re:hey folks by Volante3192 · · Score: 1

    If they want to detain me because they believe I'm a shoplifter, then they should come out and say it, flat out: "Sir, we expect you have shoplifted. Please step into this room and allow us to examine your receipt and your bags."

    Bet if they said that every time instead of "Can I see your receipt?" the sheepies wouldn't be as willing to roll over.

    If you want to make it a law that we have to have our receipt checked, then write your Congressmen. Until then, I have no want to adhere to this practice.

  149. Re:hey folks by lunartik · · Score: 1

    gee, i dunno, maybe just show your damn receipt? and get on with your day?


    What sense does it make to ask someone for their receipt when they have just walked 10 feet from a cash register to a door? The only thing I could see this preventing is a cashier not ringing up some items for an accomplice.

    I have been in a hurry at a Best Buy (I avoid Best Buy now, for other reasons) and walked ten feet to the door only to be intercepted by some employee who asked to see my receipt. I asked the employee if they were suggesting I had stolen something and got the biggest horseshit line. "Oh, no no no sir! This is for your convenience. I need to make sure you got all the items you were charged for today." Other times I have walked past them.

    The only time I was actually accused of shoplifting was at a Meijer store, where someone behind us on the way out kept asking where the batteries were. I finally realized they were talking to me. The lady said that I was seen taking batteries, and she would like me to produce them. I told her I didn't even know where the batteries were in the store, and the accusation was ridiculous. Then she said she would have to take me to the manager if I did not produce the batteries. I told her that I would absolutely love to talk to the manager, and she backed down and let me go. I was a kid at the time, but I should have gone to see the manager anyways.
  150. More or less on his side by xaoslaad · · Score: 1

    I'm sorry. He may not have been as calm or rational about this as he should have at the time it was transpiring, but in principal I am on his side. I also refuse to show my receipt to the stores when I purchase items. It, in no uncertain terms, pisses me off that as a patron to the ever growing number of stores that do this, I am considered a shop lifter until proven innocent. We don't do that in this country; anyone heard of a little something called innocent until proven guilty? Not to mention the fact that by the time they want to check your receipt the stuff is now yours. Who the hell do they think they are demanding to search me and my property, especially when I have showed no suspicious behaviour, or signs of wrongdoing. Now, if someone working security for the store swears up and down I shoved something in my pocket I'd probably humor him, and let him search me. I'd probably rub it in his face when he didn't find anything, but I wouldn't be too upset. I am all for some security measures to prevent shop lifting, and certainly if the police get involved they can ask you to do a lot more and expect you to carry out their directions. Anyway, I'm just waiting for Wals-Mart to make a wrong move and arrest me with no proof, etc. I certainly wouldn't mine claiming my own little chunk of their fortune. Of course, it probably won't happen since I avoid stores that do this like the plague...

  151. Re:Why not cooperate? by GuyverDH · · Score: 2, Insightful

    I guess it's a good idea that you posted as AC.

    Any abuse of police powers should be fought, period.
    Complacency is the first step to losing the rights that our ancestors fought, bled and died for. Do you want to be the one to tell good old uncle GW (George Washington, not the other asshats) that you pissed away everything that all those men and women died for?

    --
    Who is general failure, and why is he reading my hard drive?
  152. Another Solution by photomonkey · · Score: 1

    Instead of suing, why not hit them where it really hurts. I go out of my way to not shop anywhere where they inspect receipts on the way out the door.

    In some cases, I've been asked for a receipt, and in turn I've asked for a manager to watch/help me return all the merchandise I purchased.

    I don't shop at Best Buy, I don't shop at Circuit City. I don't shop at Wal-Mart, I don't shop at Sam's Club. I've given up on Fry's Electronics, and similarly on CompUSA.

    What do these places have that absolutely everyone is willing to put up with their crap to get? Even for this guy who won a pyrrhic victory; the cost of the suit was paid by the hundreds of walking cash registers who midlessly hand over money for shit they don't need to anyone who will take it.

    Hit them where it hurts: don't shop at places you don't like. And tell a friend.

    --
    Message contains 1 attachment: spam.gif
  153. not just cc by scharkalvin · · Score: 1

    Costco and Kmart ask to see your receipt and inspect your purchases.
    Costco's signs say they want to insure that you weren't overcharged
    for your purchases (ya, right!). The "inspection" is a joke, the
    guy at my costco just takes the receipt, glances at my shopping cart
    and then draws a smiley face on the receipt with a high-lighter.

  154. Re:What a jackass by Pig+Hogger · · Score: 1
    The idea of a society is to have standards of behaviour, codified by laws. Eventually, it came to be accepted that the only one allowed to make laws that everyone was required to follow were duly elected assemblies, this is in order to avoid the possibility of unjust laws being forced upon the people.

    Civil rights came to be codified into law to make sure people would not be subject to unjust duress, such as being arrested for refusing to comply with an illegal request (the cop asking for a driver's licence when one was not driving) after one complained being illegally detained by store personnel.

  155. Did you RTFA or are you trolling? by Anonymous Coward · · Score: 0

    No, in the United States they are not "entitled to inspect stuff." From what statute are you getting this.? The bag is his. They have no legal authority to inspect what is now *his* property. Their intent to inspect your bag is fucking irrelevant. The law trumps their stated intent. I don't know where you are from, but in the US, corporations don't legislate or enforce law. If the store doesn't like it, tough shit.

    Second, the bar for searches is set rather high. It is set at probable cause, *not* reasonableness. Whether it is reasonable or not is irrelevant. *Probable cause* is what matters. This is how US courts have consistently interpreted the 4th Amendment. Refusal to consent to a search is not probable cause, as they can only request a search. This again has been ruled to be the case by the courts. To interpret the law otherwise would make the request pointless and would invoke tautological reasoning. Judges aren't that stupid.

    The store in this case presented no probable cause. Therefore, there attempt to restrain him would constitute kidnapping. That's a pound-me-in-the-ass-penitentiary style felony.

    Executive summary: If Circuit City or the cop had any legal standing like you claim, the charges would not have been dropped. It's that simple.

  156. He admitted police were right: Interesting comment by KWTm · · Score: 1
    A few interesting tidbits bear repeating here.

    The news article says that, in the end, Righi admitted that the police officer did nothing wrong:

    And Righi agreed that a police officer did nothing wrong in arresting him after he refused to show his driver's license outside the store Sept. 1.

    Righi himself disagrees, and says in his blog:

    When I read [the Cleveland Plain Dealer's] take on what happened I was outraged. Michael Sangiacomo of the Plain Dealer claimed that I "agreed that a police officer did nothing wrong in arresting [me] after [I] refused to show [my] driver's license." This is an outright lie. I never said such a thing and would never say such a thing.I consider the outcome of my legal battle to be a victory, yet today's paper portrays it as defeat.

    So, Righi says that he never admitted that the police was wrong. But it doesn't end here! Further down on his blog, we come across this comment:

    # Ja Says:
    September 21st, 2007 at 9:48 am

    This is an interesting email I just got back from the reporter who wrote the article at the Plain Dealer. I wrote him stating that his article seemed incorrect. See his response below:

    MICHAEL SANGIACOMO hide details 9:43 am (1 minute ago)
    to
    date Sep 21, 2007 9:43 AM
    subject Re: Circuit City case
    mailed-by plaind.com
    Tell him to speak with his attorney. The story reflected exactly what his attorney said, and he said it at least four times. In fact, he said that it was very important that I say that the police did no wrong.
    I attempted to reach Mr. Righi several times and he told me to speak with his attorney. THat's what I did.
    Please note, Mr. Righi has NOT contacted me and said there was a problem. His attorney has not contacted me either. Perhaps he's trying to save face on his blog.
    Mike Sangiacomo

    So, who's telling the truth?
    --
    404555974007725459910684486621289147856453481154 in hex is "You sank my Battleship?"
    [GPG key in journal]
  157. Re:Attempted Murder for a beating? Not cool. by Anonymous Coward · · Score: 0

    If you go by the third party witness accounts, as the prosecuting attourney claims he did, then it may not be someone pulling a shotgun unprovoked. I didn't find any definite information on the third party accounts, but the version given by the man pulling the shotgun indicates that he was acting to defend himself from a probably threat. And comparing 2 or 3 incidents does NOT establish a pattern of racial bias. I know that even within the same race, radically disparate punishments are given out, and would expect that there would be some cases that look like racism taken separately from all other accounts, even if race itself was never a factor. Attempted murder is indeed extreme, but even that could have been caused by the attitude of the accused rather than skin color. People with authority tend to get very pissy when someone attempts to challenge it. One of many reasons I'd rather keep legal authority to a minimum.

  158. Re:Attempted Murder for a beating? Not cool. by ultranova · · Score: 1

    Those are 2 distinct issues. I hope we do not turn into countries like the ones in Europe, where it is against the law to say and do things....I've heard that it is against the law to sell nazi era guns, knives or other artifacts over there, like say on eBay. WTF??

    You may not realize this, but Europe still hasn't recovered from the Second World War. The former East Germany, for example, is still repairing the damage left by totalitarian communism, and the countries behind the Iron Curtain are even worse. Many people still remember the whole continent getting burned to bedrock in the war. Add to this a bunch of morons running around and calling themselves "Neo-Nazis" and therefore paying homage to the Nazis who are commonly considered the instigators of the whole mess, and it becomes quite understandable why Nazi memorabilia makes people nervous. Remember also that these laws were originally passed right after the war to suppress Nazi party, many supporters of which survived. Laws, once made, tend to keep on living long past their usefulness.

    There is, of course, another, darker reason: revisionism. Nazis did horrible things. So did their collaborators in other countries. It is less-than-honorable period in Germany's and many other countries history, so they'd rather pretend it never happened. I've heard that Japan has a similar problem with its own atrocities, often committed against the civilians of its empire: they simply aren't mentioned in history books.

    Of course one might point out that in Europe it is illegal to say or do things but the police won't taser you for it, while in the USA it is legal to say or do things but the police will taser you for doing or saying them anyway.

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  159. Praising other posts by TimFreeman · · Score: 5, Funny

    Mod parent up. Excellent point.

    1. Re:Praising other posts by Anonymous Coward · · Score: 0

      I applaud thee sir.

  160. OH NOES! by Supergood-ape · · Score: 0, Offtopic

    You used up all your mod points on little old me.

    So you must be one of the people who said something that was wrong and I called you on it.

  161. Re:hey folks by Anonymous Coward · · Score: 0

    maybe just show your damn receipt? and get on with your day?

    Everyone draws a line at different place.
    - This guys preferred an arrest than showing a receipt.
    - Many women stay silent after a rape.
    Reading your comment we all know in what category you stand!

  162. Re:hey folks by Anonymous Coward · · Score: 0

    you are nothing but a little bitch.

  163. OT: why the praise-posts by Anonymous Coward · · Score: 0

    IMO, it's because the moderation system kinda sucks, and people want a way of giving props to people that they like, without either having to wait for mod points, or (if they happen to have mod points) having to choose between commenting and providing feedback.

    Most other modern discussion systems have a way of providing feedback, or at least of tracking posts that you like (Metafilter's "Favorites"); Slashdot doesn't, and reply-posting is as close as it gets.

    Slashdot is in some areas far superior to any other discussion board I've used -- its threading, for example, is miles better than the flat forums of MeFi or Fark, easier to use than K5's, and more functional than Digg's -- however there are a few things that there's a social demand for which the system doesn't provide (like being able to say 'hey, nice post') and so you get a lot of one-line comments.

  164. Re:Attempted Murder for a beating? Not cool. by Khaed · · Score: 2, Informative

    Um. The guy with the shotgun and the guy who got beat by the six are not the same, at least not according to Wikipedia. They're two separate incidents. The beating that is the focus and result of the "attempted 2nd degree murder" charge (that was reduced) happened at the school. Just thought I'd throw that out there. They didn't beat up the guy with the gun -- they just took it from him.

  165. Re:He admitted police were right: Interesting comm by Scudsucker · · Score: 1

    So, who's telling the truth?

    Do you have a habit of asking questions with obvious answers?

  166. Re:Attempted Murder for a beating? Not cool. by Anonymous Coward · · Score: 0

    Not to mention you can be charged with almost anything in court, jury can acquit, ask for consideration of a lesser charge...defense can contest, unless he is incomptent of course...

    There's a problem with solely making this black v. white and it is hit on the nose here:

    http://www.kansascity.com/sports/columnists/jason_whitlock/story/284511.html [kansascity.com]

  167. Shopkeeper's privilege by Nukenbar · · Score: 1

    I wonder what Ohio law has to say about this old common law idea.

    I wonder how different this discussion would be if it was a small Mom and Pop shop instead of a big cooperation.

    1. Re:Shopkeeper's privilege by stdarg · · Score: 1

      I think Ohio does have that law, but it doesn't apply at all in this case because they didn't suspect him of shoplifting. They ask *everybody* to show their receipt, not just those they suspect of shoplifting. In fact the whole process isn't about stopping shoplifters, but instead about stopping employee theft (register workers slipping in unpaid items for their friends).

  168. Just say no. by waynegs · · Score: 1

    The best thing he could have done would be to turn around and return the item he bought after they demanded to see his receipt. If everyone did this, they would stop asking.

  169. Re:Can you imagine... Yes I can! by Scudsucker · · Score: 1

    It's against Visa/Mastercard's policy for merchants to ask for ID. They even have online complaint forms where you can complain about a business. A merchant asks for ID, they can get hit with a $50,000 fine or have their contract terminated.

    Which I think is BS, since it's the merchant that also has to take the hit for a fraudulent transaction.

  170. Re:hey folks by Anonymous Coward · · Score: 0
    people shop lift

    so you may be asked for your receipt

    people rape

    so you may be asked for a semen sample

    3. OMG! the usa is becoming a fascist state, because of what a rent-a-cop does, blah blah blah...

    You may feel fine sucking the dick of a rent-a-cop doing the bidding of his chosen overlords, but some of us have self respect.

    Grow balls. Live like a free man.

  171. Mr. Righi got conned? by Shimmer · · Score: 1

    According to the Cleveland paper, he "agreed that a police officer did nothing wrong in arresting him after he refused to show his driver's license."

    Mr. Righi is outraged about this: "I never said such a thing and would never say such a thing.". He points to the release he signed as proof.

    The release, however, seems to disagree. It says quite plainly that "all parties mutually release each other of all claims".

    In other words, not only does the City drop its charges against Mr. Righi, but Mr. Righi cannot claim that the the police offer did anything wrong.

    It's a shame that Mr. Righi apparently did not read or did not understand what he was signing.

    --
    The most rabid believers in American Exceptionalism are the exact same people whose policies are destroying it.
  172. Re:Can you imagine... Yes I can! by DavidTC · · Score: 1

    It doesn't matter anyway. If you sign something with something that you intend someone else to understand as your signature, it is your signature, legally. It doesn't matter if it matches your normal signature or is actually your name or whatever. An X is a legal signature. (And, no, you don't need it witnessed, you're signing it in front of someone, you already have a witness.)

    It also is supposed to be, according to the CC company, used by the store to make sure you haven't stolen the card, but as they are the ones that clearly don't want to do that, I don't really see how it's any sort of moral victory over them if they don't. It's the store pulling one over on the CC company, not you pulling one over on the store, and their 'victory' means that stolen cards are less likely to be detected.

    Incidentally, when I worked at Wal-Mart, I would have been one of the people who caught him. I actually did look at signatures and ask for ID if they didn't seem to match and you'd signed the back of the card, or always checked if someone had written 'check ID'. (If they didn't sign their card, they obviously didn't care if someone had stolen it.)

    Granted, I had no 'signature comparison' training, and basically, if it was mostly the same style, I was fine with it. I think I only checked ID a dozen times, not counting 'check ID' people. But it was interesting to watch people realize the reason I was still holding their card and hadn't given it back to them yet was that I was waiting for them to sign the paper so I could glance at them both.

    It was also interesting the number of 'check ID' people who expressed gratitude and amazement that I actually check their ID. (Yes, I'm aware, legally, there's no requirement even if they write that, but it's common courtesy.)

    --
    If corporations are people, aren't stockholders guilty of slavery?
  173. What's with the double-plus wrongthink here? by Whuffo · · Score: 1
    Stores don't check receipts at the doors to catch shoplifters. Think about it - how many shoplifters carry a store bag into the store and put their purloined items into the bag and try to walk it past the receipt checkers?

    That's not the way shoplifters work - it's in their pockets, down their pants, etc. And the guys checking receipts at the door aren't looking in those places, just in the bag.

    The REAL reason for that guy at the door who looks in your bag and checks your receipt is to monitor the performance of the people running the cash registers. This allows them to catch mistakes and put a stop to that old "ring up every other item for your friends" scam.

    If any shoplifters are caught it's incidental - they're not looking for shoplifters because they're looking IN THE WRONG PLACE. The "door nazis" are working for the loss control department but they're trying to cut down on losses to internal problems.

    Think about it for a few minutes and you'll realize that this is the truth.

    Now, just exactly what right do you suppose they have to force you to help them prevent their employees from stealing? What right do they have to detain and / or search you? The store personnel have no police powers and they're subject to the same laws as everyone else. Except for one limited circumstance they can not detain you in any way, and they can not search you - any attempt to do so is a crime. That limited exception is when they see you shoplift an item and continuously observe you carry it out of the store without paying. In that situation they can detain you until the police arrive. They have to call the police immediately and can not interrogate or search you.

    Each time I see this topic replied to with "just show them the receipt, what do you have to hide?" comments it points out a real problem in our society. Why should you blindly obey and comply with a request to perform an illegal search of your person / possessions by an employee at some retail store?

    Suppose someone set up a checking station on a busy sidewalk and asked to search the purse of every passing female. That's not right, is it? But what they're doing at the store is no different.

    So if you feel OK with helping the store management monitor their employees and don't mind the offense against your basic constitutional rights - go ahead and let them look in your bag and check your receipt. But if you don't feel that this is the proper course of action then feel free to say "No, thanks" and walk right by. If a store employee makes an attempt to stop you and touches you in the attempt, go right ahead and sue them. Call it assault, or unlawful detainer and make them pay. If they call the police - be nice to the officer, he's just doing his job. Keep in mind that he's not there because you were leaving the store, the person in the store that called him said you were shoplifting. Once he's seen that you're not stealing anything he'll tell them to let you go. Don't make the officer's job harder; just remember to add "false criminal report" to the store's list of offenses and make them pay even more.

    Remember, the descent into fascism is paved with passive agreement to corporate control over our lives. You might not be able to stop it, but we can slow it down a little by not giving in to these attempts by retail stores to seize police powers.

  174. Re:Attempted Murder for a beating? Not cool. by LWATCDR · · Score: 1

    Yes.
    You gang up 6 to one on someone just because they did or said something you don't like then yes you deserve to go to jail.
    BTW my uncle helped to liberate one of the Nazi death camps. So yea I really hate Nazis but a crime is a crime and getting a gang together to beat up one person is a crime.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  175. Impressed by legal stand; disagree on CC issue by skoda · · Score: 1

    Assuming the Mr. Righli's self comments are accurate to the situation, I'm impressed by his personal dedication to protecting civil liberties, and saddened that he had to quit prematurely due to the realities of life. I mean no personal criticism of him or certainly not to diminish his serious effots.

    However, while I can understand and support his choice to not show ID to the policeman, I still fail to understand his refusal to show his receipt and bag to Circuit City. Though he has a principled and legal view on this, it seems wholly divorced from reality.

    Practically, if a store cannot inspect your receipt and bagged possessions before you leave the store to prevent shoplifting, the logical solution is to: keep absolutely all merchandise locked up and behind counters, and to not give customers any merchandise until they've paid and are stepping out the door. The Soviets essentially did it this way. It's monumentally inefficient and consumer hostile.

    The world is imperfect place filled with imperfect people. Showing a receipt and my bag of stuff is a fair compromise for easy-to-browse and shop stores. And if someone's got a better way that doesn't involve bag-checking, I'd enjoy hearing it.

    1. Re:Impressed by legal stand; disagree on CC issue by stdarg · · Score: 1

      Practically, if a store cannot inspect your receipt and bagged possessions before you leave the store to prevent shoplifting, the logical solution is to: keep absolutely all merchandise locked up and behind counters, and to not give customers any merchandise until they've paid and are stepping out the door. The Soviets essentially did it this way. It's monumentally inefficient and consumer hostile.

      The world is imperfect place filled with imperfect people. Showing a receipt and my bag of stuff is a fair compromise for easy-to-browse and shop stores. And if someone's got a better way that doesn't involve bag-checking, I'd enjoy hearing it. Why can't stores just have security personnel watch you and make sure you don't take things without paying? That's what they did traditionally. Your argument is like saying the police could catch more people if they just searched everyone so we should let them out of practicality.
    2. Re:Impressed by legal stand; disagree on CC issue by Anonymous Coward · · Score: 0
      The world is imperfect place filled with imperfect people. Showing a receipt and my bag of stuff is a fair compromise for easy-to-browse and shop stores. And if someone's got a better way that doesn't involve bag-checking, I'd enjoy hearing it.

      Funny how we managed to get along without this bullshit for hundreds of years, isn't it?

      Maybe the real problem is poorly-staffed giant warehouse stores.

  176. My Thoughts: Wrong about receipt, right about I.D. by rump_carrot · · Score: 1

    It seems reasonable to show a receipt before exiting a store. He was just being annoying about that. He is absolutely correct about not showing I.D. This is not East Germany or the Soviet Union. Yet.

    --
    I think, therefore I thought.
  177. excuses by celle · · Score: 1

    Don't you just love the Ross Perot excuse? Get your family into it, then they can sue the city as well for dragging them through the mud. If your family has any sense at all they will recognize this for what it is and fight themselves. They should support you regardless as they're family. It's good you taught the youngest something, too bad it was the wrong thing.

  178. Re:Attempted Murder for a beating? Not cool. by cayenne8 · · Score: 1
    "There is, of course, another, darker reason: revisionism. Nazis did horrible things. So did their collaborators in other countries. It is less-than-honorable period in Germany's and many other countries history, so they'd rather pretend it never happened. I've heard that Japan has a similar problem with its own atrocities, often committed against the civilians of its empire: they simply aren't mentioned in history books."

    It has been said that those who don't learn from the past, are doomed to repeat it. I supposed the same can be said for those to 'ignore' it or pretend it never happened.

    "Of course one might point out that in Europe it is illegal to say or do things but the police won't taser you for it, while in the USA it is legal to say or do things but the police will taser you for doing or saying them anyway."

    Yeah...that's a sad what has been happening. But, hopefully (I'm often over optimistic), the publicity on these incidents will help provoke action that will curb this type of behavior by the police. The police often ARE acting with much more force than necessary...and I think it may be due to proliferation of so called non-life threatening weapons. They are much too quick to use them when not necessary.

    Like the college student situation the other day. Yes, he was acting a bit of an ass...yes, he was trying to get attention with his stunt...but, the cops went too far when they tasered him...ESPECIALLY doing it to him while he was on the ground cuffed. They are doing a disciplinary investigation on at least one of those officers now....

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  179. Shame by scubamage · · Score: 1

    Its a shame your family issues prevented you from pressing this. There was already a clear legal precedent, you had a clear transcript of the written law. Not only would you have won the case, but you could have in turn sued Circuit City inc. for unlawful imprisonment (preventing you from exiting on your own accord). You could have then sued the city, particularly the officer, for false arrest.

    Sadly, as has been stated, the DA basically silenced him with a deal. Real change only occurs when you DO press the issue, and then bitchslap the hell out of the state and company so they learn their lesson and don't do it again. Because you left it where it stood, nothing punitive is going to happen to CC. Their policies will not change, and other people will recieve the same treatment. The city will still ignore its own laws.

    Hell, you most likely could have found a lawyer to do it pro-bono so long as you promised to follow through with a civil suit. I applaud your courage, most americans these days would sooner forget their rights than use them. However, ultimately you've cost yourself and a lot of other people money and accomplished absolutely nothing. Your actions are notable for their utter lack of meaning in the grand scheme of things.

  180. *tase* by thegnu · · Score: 1

    ahhhh, much better. :-)

    (excellent post, really)

    --
    Please stop stalking me, bro.
  181. police officers by falconwolf · · Score: 1

    If it's a hard and thankless job and it doesn't pay well,

    By all means, pay them more. BUT then hold them to a Code of Conduct. Actually I bet if you got rid of all of the victimless crimes on the books such as drug possession and prostitution so that law enforcement can concentrate on violent criminals and the theft and robbery of property the number of officers can be reduced while also making it safer.

    Why don't you just admit that you don't like and don't want cops

    Wrong. We just don't need as many as we have. On a per capita basis the US has the highest per capita prison population in the world. And a good chunk of the prison population is there for victimless crimes such as drug possession. While mandatory sentencing guidelines can put a person convicted of drug possession in prison for life, robbers, murderers, and rapists can get out after serving several years. Strike all victimless crimes from law books then less prisons will be needed to lockup dangerous criminals.

    you just better be ready for a society without police officers (make sure you buy a nice gun, and know how to use it).

    Most people should be able to protect themselves anyway. But where needed others can help. Instead of passersby passing by they can help a crime victim. "I don't want to get involved" is BS.

    Do I have to remind people we are talking about a guy who refused to show his receipt and identification?

    Which he was not required to provide. Would you like it if you were required to wear a Star of David on your sleeve? If not why not?

    This isn't the American Revolutionary War. Nor is this part of some civil right movement. Give me a fucking break.

    Give me a break from tyranny!!!

    Falcon
  182. Re:Why not cooperate? by Anonymous Coward · · Score: 0

    If someone is acting suspicious and refuses to show ID that's a right flag, and the cops are hoping you're just some crank, but will want to actually check you out because you could be acting that way because there is a warrant out for your arrest. If the cops have you and just let you go, after you sent up red flags and it turns out you did have a warrant there would be serious repercussions to that officer and his department. The Supreme Court disagrees with you:

    http://en.wikipedia.org/wiki/Kolender_v._Lawson
  183. yea by ClioCJS · · Score: 1

    definitely snobby. we should only fight things that are "worth" spending $10,000 on? What a fucking joke!

    --
    -Clio
    Karma: Bad (mostly from not giving a fuck)
    Blog: http://clintjcl.wordpress.com
  184. Re:Voilation of Rights? Maybe. Arrogant, yes. by HazMathew · · Score: 1

    Failure to produce ID for a police officer when not driving, copping an attitude and playing dumb when they can sense it isn't exactly a crime either. But it's not going to get you a walk in the park.

    It just seems to me there are much better ways he could have handled the situation.

  185. but you ARE an advance guard of palpatine by ClioCJS · · Score: 1
    YOU COULD HAVE JUST LET THEM VOLUNTARILY SEARCH YOUR ANAL CAVITY, but instead you said no.

    You COULD have let them just search your car, and throw all your belongings outside and leave them for you to pick up, but instead you said no.

    Yea. Freedom should be defined by the laziest way out. You should never stand for principles unless it's convenient.

    Summary: You're an asshole. If everyone was like you, we'd still be speaking with a British accent, or worse yet, in German. Move to Mexico. You'll like their brand of freedom better. It's more well-suited to your philosophy. You simply don't fight a fight if it isn't worth it. You can bribe your way out of any crime. You should always do what it easiest, not what is right. Mexico is perfect for you.

    --
    -Clio
    Karma: Bad (mostly from not giving a fuck)
    Blog: http://clintjcl.wordpress.com
  186. I won't throw a trash-can through the window by PaulGaskin · · Score: 2

    of the nearest Circuit City, but I'll never buy anything from them again unless Circuit City publicly apologizes, pays this gentlman's legal bills, and gives his younger siblings complimentary Sony PS3s. FUCK YOU, CIRCUIT CITY ASSHOLES! I'll be buying my electronics online and telling everyone I know your executives are authoritarian assholes.

    --
    Freedom is free.
    1. Re: I won't throw a trash-can through the window by Lord+Balto · · Score: 1

      I tend to buy most of my computer/electronic stuff online now. Why burn all that gas on the off chance a local store will have what you need and then let them treat you like a criminal?

      Actually, I've walked out of CompUSA without showing my receipt and on one occasion as I walked away the idiot threatened not to honor my warranty, on a package of zip disks if I recall correctly. Of course, this guy's mistake was to try to have a rational conversation with the Neanderthal store manager. If you DO want to waste your time interacting with such a fool, what you really need to do in a situation like this is to reverse the charge on the entire interaction. Don't fall into the trap of playing the role of the poor abused customer. Ask the person you're with if they know the number of the state police. Or pick up your cell phone, call 911, and report an attempted assault. If you don't have a phone, holler for a passerby to call the police. A crime is being committed here. Take the initiative. Don't be a sissy.

    2. Re: I won't throw a trash-can through the window by s4m7 · · Score: 1

      umm... this guy did call 911, and when the police showed up they arrested him not the storemanager. So, how does your brilliant strategy of not being a sissy go again?

      --
      This comment is fully compliant with RFC 527.
  187. It's one thing to stick up for your rights. by falconwolf · · Score: 1

    It's completely another to be an arrogant prick, forcing your will onto others for no good reason, other than he's a complete stubborn moron.

    Yeap, that door checker certainly was a stubborn moron.

    There's a time and place to pick fights and this example is certainly not one of them. Some people talk about banning Circuit City. If I were running Circuit City, I would ban this asshole from ever being allowed back into the store.

    Oh, I see you meant someone who stands up for his rights was the stubborn moron. If you really think that then I think you're the one it should be applied to. If people don't stand up for their rights they soon find they don't have any rights.

    When the Nazis came for the communists,
    I remained silent;
    I was not a communist.

    When they locked up the social democrats,
    I remained silent;
    I was not a social democrat.

    When they came for the trade unionists,
    I did not speak out;
    I was not a trade unionist.

    When they came for the Jews,
    I remained silent;
    I wasn't a Jew.

    When they came for me,
    there was no one left to speak out.

    Falcon
    1. Re:It's one thing to stick up for your rights. by JazzLad · · Score: 1

      Wow, only 1/3rd the way through & we've been Godwinned.

      'course, I agree with ya. I don't go anywhere without my ACLU Bustcard [PDF warning].

      --
      "If you have nothing to hide, you have nothing to fear." - Every fascist, ever
    2. Re:It's one thing to stick up for your rights. by pnewhook · · Score: 0, Flamebait

      Yeap, that door checker certainly was a stubborn moron.

      No, the door checker was doing his job as he was hired to do it, according to the policy of the store

      Oh, I see you meant someone who stands up for his rights was the stubborn moron. If you really think that then I think you're the one it should be applied to. If people don't stand up for their rights they soon find they don't have any rights.

      He wasn't standing up for his rights - he was being an asshole that started the whole thing on purpose. He was not an innocent bystander that had his rights violated, he purposely picked a fight because he KNEW what was going to happen.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    3. Re:It's one thing to stick up for your rights. by falconwolf · · Score: 1

      He wasn't standing up for his rights - he was being an asshole that started the whole thing on purpose. He was not an innocent bystander that had his rights violated, he purposely picked a fight because he KNEW what was going to happen.

      Can you proof this or did you just make it up?

      Falcon
    4. Re:It's one thing to stick up for your rights. by pnewhook · · Score: 1

      Can you proof this or did you just make it up?

      Yes, read his blog. He states that he's done this several times before, and he knew what they were going to do. I'd have a completely different attitude if this guy innocently ran into the situation, but he did not.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    5. Re:It's one thing to stick up for your rights. by JazzLad · · Score: 1

      Curious, would you think less of Rosa Parks if she sat in the front intending to start what she did?

      While this guy may be no Rosa Parks, he saw an injustice & did what was in his power to draw attention to it to fight it. Some consider that an admirable quality.

      --
      "If you have nothing to hide, you have nothing to fear." - Every fascist, ever
    6. Re:It's one thing to stick up for your rights. by pnewhook · · Score: 1

      Are you seriously considering the racial segragation and discrimination that Rosa Parks had to suffer through in the south to some guy being pissed that he was asked to show his receipt at the store exit??

      This guy in no sense of the word suffered any kind of injustice.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
    7. Re:It's one thing to stick up for your rights. by JazzLad · · Score: 1

      My point (since you seem to have missed it) is that it he did something about something he felt to be an injustice. I don't understand your usage of the word "considering", I think you meant "comparing" and no, as I said, I do not think they are the same thing. We all have two options: fight the injustices we see (big or small) or sit on our *** and whine about people doing so.

      It is a pretty minor injustice to be treated like a criminal for shopping at a store, but can be seen as an injustice. Rosa could have walked. She chose to take the bus. He could have gone to a different store, he chose not to. He did something. You whine. I have not said that I agree with his fight, but I'll defend to death his right to do so. I would rather see him fight a fight I disagree with than watch him be part of Generation Apathy.

      --
      "If you have nothing to hide, you have nothing to fear." - Every fascist, ever
    8. Re:It's one thing to stick up for your rights. by pnewhook · · Score: 1

      My point (since you seem to have missed it) is that it he did something about something he felt to be an injustice ... I have not said that I agree with his fight, but I'll defend to death his right to do so. I would rather see him fight a fight I disagree with than watch him be part of Generation Apathy.

      I completely agree with the right to stand up and fight for injustices. However in this case this is not an injustice. He was being an ass because he enjoys it and knew what was going to happen

      Standing up for perceived injustices should be tempered by what a normal person would consider reasonable. If I didn't like dogs and felt they shouldn't be kept as pets, should I be allowed to walk up to dog owners on the street and start screaming at them to keep their filthy animal away from me? And then scream that I have every right to do so because my actions were protected by free speech? No of course not. What this guy did is in the same category of being unreasonable.

      --
      Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
  188. Re:Why not cooperate? by Scudsucker · · Score: 1

    Just one problem with that: cops lie, and are allowed to lie. For example, in this case the officer is perfectly capable of lying and saying it was the law that the man had to show ID. If he went ahead and provided ID, he has nothing to go to court for, because he willingly handed over his ID. The only way the officer will learn the error of his ways is if the city has to pay out on a lawsuit, so he gets chewed out for costing the city money.

  189. Re:Proud-- of a JERK? by HazMathew · · Score: 1

    I for one agree with you. I guess we have to choose our battles wisely. He seemed to be looking for a fight.

    And to all those screaming about civil rights. How many times have you refused to show your receipt? Or do you comply so you can just get on your way?

  190. Re:Why not cooperate? by Anonymous Coward · · Score: 0

    Additionally I'd like to point out that this is truely the worst way to treat customers. The ASSumption being made here is that everyone who tries to leave your store is stealing from you. This ignores all the statistics we have heard all our lives that most retail losses occur either thru normal retail processes (ie doctored refunds) or internal theft. The people circuit city should be paying most attention to are wearing name tags with the circuit city logo.
    If I were a thief, I would find a less visible hiding place than in the retail bag (maybe my baggy pants). I once new someone in high school that used to steal small items from walmart by taking the item into the garden center and throwing it over the fence then walking around and retrieving it. Looking inside the plastic bags just means you are lazy and making gestures toward loss prevention while doing nothing except pissing off revenue.

    I hate those little twerps at the door of XYZ retailer, that want to look in my bag. I guess I am pretty lucky cause I make a habit of answering "no" when they ask to see my receipt. If they insist, I warn them "If you insist on accusing me of shoplifting, I will return my purchase and never come back." Most times a thinking individual will weigh the value of a hostile attitude toward customers, vs building trust and loyalty through mutual respect.

  191. Re:Can you imagine... Yes I can! by ksheff · · Score: 1

    They need to tell their merchants that. I've been asked for ID several times in a few stores. They check if the signature on the sales receipt matches the card too.

    --
    the good ground has been paved over by suicidal maniacs
  192. nonsense by Scudsucker · · Score: 1

    If the city of Boston had put five seconds thought into it, like oh, every single other city these signs were posted in, there wouldn't have been a problem. Even if they were bombs, they were too small to damage infrastructure and too far away from people to be anti-personal bombs. The cops did their jobs by checking out reports of a suspicious device. They did not do their jobs by seeing that it was harmless and then continuing to freak the fuck out. Note that these had been up for some time in major cities across the country, yet it was only Boston that blew their brains out over a non-issue.

  193. Re:hey folks by Anonymous Coward · · Score: 0

    I believe he made some claim about weapons of mass destruction in Iraq. He held onto the claim for so many years that, when the truth finally sunk in, he lost it. Now he is an apologist for even the lowliest government official committing misconduct.

  194. When do we stop? Anarchy? by falconwolf · · Score: 2, Insightful

    Yes, with anarchy, ie without a ruler or rulers. Instead each person is sovereign.

    Falcon
  195. Re:Why not cooperate? by g01d4 · · Score: 1
    Your post makes the baby 5th amendment cry.

    No it doesn't - you must be that judge I argued w/when I didn't want to sit on a jury. The 5th "protects witnesses from being forced to incriminate themselves" (e.g. fifth amendment). There's nothing that states explicitly or otherwise that another person, viz. a juror, can't weigh this unwillingness against them.

  196. Re:Why not cooperate? by falconwolf · · Score: 1

    They are there to enforce, to the best of their knowledge, the law.

    No, police are there to investigate crimes. And they aren't there to enforce a law they pulled out of their ass.

    Falcon
  197. The Soviet method would be an improvement by edawstwin · · Score: 1

    to prevent shoplifting, the logical solution is to: keep absolutely all merchandise locked up and behind counters, and to not give customers any merchandise until they've paid and are stepping out the door. It's monumentally inefficient and consumer hostile.


    The problem is that the stores treat everyone like criminals throughout the buying process, and then when they leave, the store hassles them yet again. It would be much more efficient and less hostile at this point to implement the method that you mention and not hassle customers while they shop.

    For example, I have bought two items at Best Buy recently and was irritated by the methods they used to protect their merchandise.

    First, I needed to buy a copy of Office 2007 for work. When I got to the shelf, there was a huge display about the benefits of Office, but the shelves were empty. I asked one of the peons if they had sold out, and she told me that she just had to get one from the back. Almost ten minutes later, she came out with what I asked for. I asked why she had just wasted ten minutes of my life, and she responded that they had lost thousands of dollars of this product in the preceding weeks. How is that my problem? It's fairly obvious that employees are doing the stealing here - If the cashier doesn't deactivate the magnetic strip (and a big percentage of the time when they do), the alarm goes off when you leave. So it has to be employees giving them to friends after deactivating the strip, or walking out the back with them. Best Buy hiring thieves shouldn't affect my shopping experience.

    Second, I went to buy a digital camera. I spoke with the peon and told her what I wanted. She proceeded to unlock a cabinet to get the camera. I took the box, and since I needed to buy one other item, I started to walk away. She stopped me and said that I needed to pay for the item right there and not up front. I asked her why, and she said to prevent shoplifting, essentially accusing me of trying to do so. This was a digital SLR in a decent-sized box, and I was wearing shorts and t-shirt, so I asked her where I could possibly put it. She just smiled and said sorry, you have to pay here. So I told here to hold it and I went to find my other item. About five minutes later, I returned, and wanted to pay for both items. So she unlocked the cabinet again to get the camera. I asked why she had to lock it up, and she said that she couldn't leave it out, ever. So I paid for both items, and she put them in a clear plastic bag (as opposed to the yellow ones) and physically sealed it with adhesive on the bag, then attached the receipt to the bag, making it extremely obvious that I had paid for whatever was in there. I went to the front to exit, and guess what? They wanted to see my receipt and inspect the bag!

    How much more Soviet can you get?

    I just buy stuff online now and make sure FedEx delivers it. Too many items with a high value get "lost" when you send them via UPS.
    --
    I don't want to achieve immortality through my work. I want to achieve it by not dying. - Woody Allen
  198. You know what would have been REALLY cheap, though by falconwolf · · Score: 1

    Yea, what's really cheap is to roll over and die.

    Falcon
  199. Re:You know what would have been REALLY cheap, tho by UbuntuDupe · · Score: 2

    Did you really just equate "showing your receipt upon leaving a retail store" with death?

    (PS: Refriend me.)

  200. Re:One question...Insightful? by falconwolf · · Score: 1

    'your sort'? Aren't you making a lot of assumptions about him based on a post that made no mention of his political views?

    It' wasn't just the one post he read, he wrote "Looking through your other posts, you're obviously no friend of civil liberties. A cursory glance shows you arguing in favor trial-free detention of non-Americans. Why your thinly veiled propaganda gets modded up is a mystery to me."

    Falcon
  201. How did the cop know? by Anonymous Coward · · Score: 0

    How did the cop know Michael Righi has a driving licence?

  202. Re:Why not cooperate? by Sylver+Dragon · · Score: 3, Informative

    The US Supreme Court disagrees with you:
    Carter v. Kentucky

    --
    Necessity is the mother of invention.
    Laziness is the father.
  203. Re:Why not cooperate? by operagost · · Score: 1

    George Washington, not the other asshats
    George Wallace?
    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
  204. He should have lost by Obfuscant · · Score: 1
    I read this guy's blog. He twists the details when it suits him.

    He talks about the need to show a drivers license to walk through a parking lot. He wasn't walking through a parking lot. He CALLED THE POLICE to come deal with HIS PROBLEM. Part of the police dealing with his problem was for them to identify him. He refused to provide identification. That's impeding the progress of a police investigation that HE ASKED FOR. That's against the law, and the officer showed him that in writing.

    Further down, he claims he was arrested for not proving his "right to exist". As if a driver's license was proof of any such thing, or that the issue at hand was his "right to exist".

    Of course the store has the right to inspect bags as they leave. It's their property. They have the right to ask you to leave your incoming bags at the front, too. Neither means that they are accusing you of anything. If you don't like their policy, don't shop there. Simple enough.

    This guy ought to be arrested for wasting the police and court's time by being a deliberate jackass.

    1. Re:He should have lost by CrashPoint · · Score: 1

      I read this guy's blog. He twists the details when it suits him. He talks about the need to show a drivers license to walk through a parking lot. He wasn't walking through a parking lot. He CALLED THE POLICE to come deal with HIS PROBLEM. Part of the police dealing with his problem was for them to identify him. He refused to provide identification. That's impeding the progress of a police investigation that HE ASKED FOR. That's against the law, and the officer showed him that in writing.
      The law only requires you to identify yourself to a requesting officer if that officer has a reasonable suspicion that you've committed a crime. Arroyo did not have that.

      Furthermore, in identifying yourself you are only required to give your name, address, and date of birth. You do not need to provide anything else.

      So Righi did more than the law required of him, as he gave his name when he didn't need to. Arroyo's arrest was illegal, period.

      Of course the store has the right to inspect bags as they leave. It's their property. They have the right to ask you to leave your incoming bags at the front, too. Neither means that they are accusing you of anything. If you don't like their policy, don't shop there. Simple enough.
      They have the right to ask you to let them inspect your bags. You have the right to allow or deny that inspection as you like. They cannot force you to submit, or prevent you from leaving. The only time they can detain you is if they have reasonable cause to believe you've stolen something, and "He wouldn't show me a receipt" doesn't cut it.

      This guy ought to be arrested for wasting the police and court's time by being a deliberate jackass.
      On what charges? Nothing he did was illegal.
  205. Re:Why not cooperate? by bob_herrick · · Score: 1

    The US Supreme Court disagrees with you: I just read the summary that the court wrote, but it seems to say something slightly different. You have a right to a jury instruction that failure to testify cannot be used to infer guilt in order

    to minimize the danger that the jury will give evidentiary weight to a defendant's failure to testify... Note the inference that the jury might well give such weight, which danger is to be minimized as opposed to prohibited.
  206. rights and privileges by falconwolf · · Score: 1

    Don't forget - from a legal perspective, once you've served your sentence, you've paid your debt to society. You have the same rights and privileges as anyone else.

    Actually this isn't true, at least for felony convictions. Felony ex-cons loose their right to vote. They can petition the state's governor to reinstate the right to vote but the governor doesn't have to do so.

    Finally, shouldn't the circumstances of the crime dictate the charges? I.e., charge someone with attempted murder if they actually tried to kill someone? And charge them with battery if it was a simple beating they administered?

    That's how it should be however prosecutors will sometimes reduce a charge because they know there's a chance they will lose if it goes to trial, which looks bad on a prosecutor's record. And sometimes a defendant will plead guilty to a reduced charge because they feel they will loose if it goes to trial as well.

  207. Re:Can you imagine... Yes I can! by Scudsucker · · Score: 1

    Either they haven't told their employees or they are ignoring the policy. I think it's a bogus policy, and merchants should be able to ask for ID as a basic measure to protect themselves, so I don't complain. If the card company doesn't like it, they should be the ones to eat a bad transaction.

    However, if the merchant asks you for ID and the merchant is a prick, I wont have a problem ratting them out. For example, earlier this summer I stayed overnight at a casino's hotel for a concert held in their auditorium. I gave them a credit card number when I reserved the room, and paid with a check when I got the keys. The next morning they charged my card anyway. I had to call them twice and was this close to sicking Mastercard on them (they asked for ID when I paid with plastic when we ate at their restaurant) when they refunded my money.

  208. People really don't understand LP. by Anonymous Coward · · Score: 0

    "Better, perhaps, because the latter's only protects against shoplifters who clandestinely add an item they didn't purchase into their shopping bag,...."

    Right, because that minimum wage till-jockey would never collude with their friend to incorrectly or not at all ring in several purchases. Or that same minimum wage till-jockey will always correctly do it just because otherwise.

    Focusing on the single person is the wrong idea. This is part of a larger strategy to catch idiot cashiers and larger groups of thieves, as well as people who happen to be shoplifting by themselves.

  209. Re:You know what would have been REALLY cheap, tho by falconwolf · · Score: 1

    Did you really just equate "showing your receipt upon leaving a retail store" with death?

    For ease, yes. I don't know about you but to me it'd be easier to die than to live as a child that needs to have the government control me. I know it's not the state that is saying they want to see the receipt, in this case it was a store employee. However I find it easier to not shop at the store, than to put up with this.

    Falcon
  210. Re:Why not cooperate? by ocbwilg · · Score: 1

    Look at it from the cop's point of view, if this person is not cooperating then they have something to hide.

    Except that obviously wasn't the case here. Asserting your legally protected rights is NEVER an admission of guilt. Unfortunately, uneducated toerags like yourself and the police officer in this case don't believe that's the case.

  211. Re:Why not cooperate? by Sylver+Dragon · · Score: 1

    I can see that there is a fine distinction there, but I do think the intention is to remove the inference of guilt based on silence, while realizing that the juror may still do it anyway. The problem being that there really is no possible way to completely remove any such inference from the mind of the jury, even though it is not something which they should take into consideration.

    --
    Necessity is the mother of invention.
    Laziness is the father.
  212. This is the justice system in America. by rantingkitten · · Score: 5, Insightful

    And sadly, it's extremely typical of how minor criminal charges are handled. The first line is usually the cop, whose job amounts to little more than hired muscle for the state; entrance requirements in terms of education are pretty low in most areas, and cops barely understand the law themselves, instead adopting an attitude of "arrest first and let the courts sort it out later".

    Combine this with absolutely zero options or oversight from the citizenry and you already have a recipe for disaster.

    A cop will therefore hassle a citizen based on a combination of hazy understanding of the law, bad mood, and whether or not he approves of the citizen's attitude. The charge is usually, in the grand scheme of things, fairly minor, but enough to cause a serious headache for the victim. For many things, an arrest will be involved, along with jailtime, bond money, and the embarassment of having to call friends and family to get you out, not to mention the retrieval of whatever confiscated or impounded property -- and the money involved in getting that back.

    This is justice in America.

    Your court date will roll around and you'll plead not guilty. A trial date will be set, meaning you'll have to schedule your life around that, and try to get a lawyer to help. The average person isn't expected to fully understand the law, because it's so nuanced and convoluted, which is why defense attorneys with years of specialized training exist. The average person is expected to fully abide by the law he doesn't understand, though, which may suggest a problem with the system, but nobody will question it during this process.

    On your trial date you'll speak to some self-important prosecutor or solicitor who acts on behalf of the government. He'll treat your minor case like it's the crime of the century. Depending on your demeanor he may offer a deal of some sort, which usually entails you pleading guilty to a somewhat lessor offense. What he probably won't tell you is that if you reject this offer, and make him go through the hassle of an actual trial, he'll push for the maximum possible punishment the law allows, regardless of any circumstances up to that point.

    This is justice in America.

    If you take his deal, you've just pleaded guilty to an offense you may not have even committed, and is probably something so stupid no one should care even if you did do it, but you're intimidated into the plea by his legal jargon and the fact that, as an average Joe, you don't have the time, money, or resources devoted to fighting it. You'll pay a few hundred dollars in fines and be on your way, with an arrest record, a criminal history, and completely out the hundreds you spent for the bond, the fine, the impound, the attorney, and anything else. The state will pat itself on the back for a job well done for cleaning up the mean streets of dangerous scum like you.

    If you don't take his deal you'll be put on trial. For minor offenses you may not even get a jury of twelve average Joes who will sympathize with you; the state has found a loophole and called this an "administrative matter", meaning you'll get tried by a judge, who will claim to be impartial but is on the state's payroll and has a vested interest in making sure things turn out in the state's favor, not to mention his clouded view of every person who appears before him as a criminal.

    The judge will ignore everything you say, and your attorney will be mostly powerless since the time for deal-making is over and all he can do is try to object to the prosection's evidence. There will be little evidence to which he can object, though, since for most minor offenses there aren't any significant witnesses or material bits of evidence. Nothing but the policeman's word and charge on the books, often, and this will be taken as wholly sufficient to pronounce you guilty, whereupon you'll pay a huge fine, face possible jail time, and be in worse shape than you had you just meekly submitted instead of trying to assert your rig

    --
    mirrorshades radio -- darkwave, industrial, futurepop, ebm.
    1. Re:This is the justice system in America. by bwd234 · · Score: 1

      This is without doubt one of the most insightful posts I have ever seen on here!
      The fucked up thing is, it doesn't look like anyone is doing shit to change this situation.
      The sheeple in this fascist police state are happy with the status quo and all they care about is who won on American Idol or "what's Britney up to lately?"
      It's fucking sad that it will take this country becoming another Nazi Germany with people being rounded up by the thousands and murdered in death camps before the sheeple even realize what is happening. Unfortunately, by then it will be too late to do anything!

  213. Re:Attempted Murder for a beating? Not cool. by stdarg · · Score: 1

    You're talking about two different crimes, so why should the punishments be the same?

    If you read about the shotgun incident, it seems plausible that pulling the shotgun was an act of self defense. A SINGLE white student was confronted by a GROUP of black students, including some of the same black students later involved in the beating. According to the white student, they yelled at him and began chasing him, and he ran to his truck to get his shotgun. Now maybe that's not right, but it IS undisputed that he was alone facing a group, and the group involved some of the same people who beat up another white student.

    When you say he "pulled a shotgun" on the black students, you make it sound like the situation was reversed and he was just wielding his "white power" or whatever. But unless more details are revealed, it's definitely plausible that the situation was self defense.

    There is NO plausibility that the Jena 6 beating up, again, a single white student can be construed as some simple crime. Think about it... six people beating up one person. Does that sound like an innocent schoolyard fight? No it's obviously a very serious crime. So suggesting that both were just "a crime", which implies crime of equal severity, and that only race was the reason for the difference in outcomes of the shotgun incident and the Jena 6 incident is dumb.

  214. Re:Attempted Murder for a beating? Not cool. by stdarg · · Score: 1

    Umm, maybe the prior battery convictions let you realize that he isn't an innocent school kid who was provoked into fighting and the whole thing really isn't a big deal? Everybody's saying "Oh HOW could it be attempted murder? It's just a schoolyard fight!" but with that information in conjunction with the fact that the victim was beaten until he was unconscious... it's pretty obvious that he is a violent person and it's conceivable that it was more serious than a simple fight.

  215. He should have... by Anonymous Coward · · Score: 0

    He should have challenged the manager with a choice: insist he show the receipt, and then he would return the item. Then, after he had shown the receipt, walk back into the store and returned the item purchased.

  216. Another high quality editing job by Anonymous Coward · · Score: 0

    Its receipts, not reciepts.

    Its "i" before "e" except after "c" of course!

  217. What's the point of making a stand... by Suicide+Clown · · Score: 1

    ... if you end up not changing a damn thing? This was so disappointing. Do you really think the police or the city are going to do one thing differently in the future because of Mr. Righi's actions?

    --

    "I don't know why I bothered to type this in."

  218. Re:Why not cooperate? by Wavicle · · Score: 2, Insightful

    There's nothing that states explicitly or otherwise that another person, viz. a juror, can't weigh this unwillingness against them.

    There are many things the constitution doesn't explicitly state. That's what we have the judiciary for. They interpret the law. Griffin v. California was the case that determined the prosecution may not use your refusal to take the stand against you. The supreme court relied on their interpretation of the fourth, fifth and fourteenth amendments to arrive at this opinion.

    I know you fancy yourself as smarter than the judiciary and the fact that the Constitution article III section 2 gives the supreme court appellate jurisdiction for all cases tried is insignificant next to your formidable intelligence in all constitutional matters. But still, the Supreme Court interprets the fifth in such a way that lack of testimony may not be used as evidence and the Constitution we live by says their opinion counts, yours not so much.

    Kudos to the Judge, who was clearly better versed in the law than you.

    --
    Education is a better safeguard of liberty than a standing army.
    Edward Everett (1794 - 1865)
  219. Re:Why not cooperate? by Wavicle · · Score: 1

    Note the inference that the jury might well give such weight, which danger is to be minimized as opposed to prohibited.

    There is no way to "prohibit" this unless you can read each Jurors mind. I think some 4th amendment nutjob would disapprove of such an invasion of the Jurors right to privacy.

    The inference is that Juries are only supposed to weigh facts in evidence, but since they are imperfect human beings they may use facts not in evidence to arrive at a conclusion. This needs to be minimized.

    --
    Education is a better safeguard of liberty than a standing army.
    Edward Everett (1794 - 1865)
  220. His own Auto Insurance rates... by bjbest · · Score: 1
    All of these altruistic reasons for not showing driver's license to the cops are missing the main point.

    In Canada, law enforcement has the right to ask for I.D. I carry another I.D. seperate from my driver's license -- the provinical health insurance card. In this situation, I would have presented it, NOT my D.L., or any other incident that does not involve me operating a motor vehicle.

    Why? Auto Insurance Rates. I don't want the police entering my D.L. # in some sort of database that the insurance companies have access too, resulting in a totally unjustified insurance rate increase or even a cancellation, for showing something not legally required.

    Several kinds of vehicles don't need a driver's license. Bicycles, tractors, construction equipment, etc. You have to obey the traffic laws and provide ID when requested, but refuse to show the DL for the aforementioned reason. (Caution: Different laws may apply for DWI suspects; you can lose your DL even if you rode drunk in the street on your bicycle.)

    I drive farm tractors on public roads frequently and if ever pulled over driving one would refuse to show DL, just my other "government" ID. This has also happened to railroad personnell involved in train / car collisions. In such situtaions, has long as RR procedures are met ( whistle blowing, flasing warning lights operating), a car that gets crashed into by a train is historically automatically at fault for the collision, since the railroads have a the right of way and it is the car driver's job to stay out the way of the train (same as running into stationary objects). Police require ID of the persons involved at the scene. Train engineer gives the cops his [car] driver's license for that purpose. Then the engineer finds his own personal auto insurance rates have gone up... because insurance company found out about the incident, for driving a machine that he didn't need a state-issued license for!!

  221. Re:One question...Insightful? by Anonymous Coward · · Score: 0
  222. BJs by jagdish · · Score: 1

    The local BJ's store insists on seeing the receipt each time I exit the store. The even punch the receipt. Do they assume we are thieves and should we act accordingly?

    1. Re:BJs by ebvwfbw · · Score: 1

      I shop there and I wondered about it too. Apparently as part of the agreement to be a member, they are allowed to do that. At least that is what the manager told me. He didn't have that handy at the time. I plan on pressing him on that later. As I recall, that is supposed to be one of the attractions to a members store. They can keep thieves at bay and therefore don't have to pass that cost along to those of us who don't steal.

    2. Re:BJs by bwd234 · · Score: 1

      "I shop there and I wondered about it too. Apparently as part of the agreement to be a member, they are allowed to do that. At least that is what the manager told me. He didn't have that handy at the time. I plan on pressing him on that later. As I recall, that is supposed to be one of the attractions to a members store. They can keep thieves at bay and therefore don't have to pass that cost along to those of us who don't steal."

      Only thing is, with Circuit City, you aren't a "member" of anything. You are a customer, that's all, and not bound to any of their arbitrary store policies, E.I., you don't agree to anything when you enter that store and are therefore not required to show shit to them on the way out!

    3. Re:BJs by ebvwfbw · · Score: 1

      Only thing is, with Circuit City, you aren't a "member" of anything. You are a customer, that's all, and not bound to any of their arbitrary store policies, E.I., you don't agree to anything when you enter that store and are therefore not required to show shit to them on the way out!
      We were talking about BJs, not Circuit City. He was asking about BJs and I have wondered the same thing while I'm waiting for what is usually a handicapped individual to go over the receipt and punch it. I'm well aware of the laws concerning retail places. If I were that guy, I'd go after Circuit City now.

      Your last statement worries me, however. If they think you have stolen something, you are required to show them a receipt. That is the whole problem, they just wanted him to anyhow as if it were a right and then the cop wanted to see his ID even though that isn't required. The cop part of this incident is closed, now to go back after the store.

  223. Re:Why not cooperate? by 0123456789 · · Score: 1

    Additionally I'd like to point out that this is truely the worst way to treat customers. The ASSumption being made here is that everyone who tries to leave your store is stealing from you.
    It's worse than that, they only ask for a receipt if they see you with a Circuit City bag (at least in NJ); ergo the assumption is that every paying customer is a thief. Hardly the sort of act to inspire customer loyalty.
  224. Re:Why not cooperate? by Cafe+Alpha · · Score: 1

    Not sure I entirely agree.

    The store came up with this system in order to cut down on shop-lifting. It's reasonable, but it's not backed by law, and the man took advantage of that.

    Maybe the store needs a different system to discourage shop lifting. Maybe we need legislation that supports their current system, not sure how you would craft that.

    As for the guy who tasered, he was sure annoying. Certainly he deserved it, but I'm not sure that the law can allow giving assholes the beating they so richly deserve.

  225. Family member made the decision? by Anonymous Coward · · Score: 0

    The familiy member in question said they wouldn't support his version of the events if it went to court. So far, we only have his version which will obviously paint him as a hero instead of someone actiing suspicious and being evasive when asked to provide ID or show that he didn't steal something. They probably also told him to stop being an egomaniac and take the easy way out instead of dragging the rest of the family through the ringer. Legally right or wrong, the guy still strikes me as an arrogant prick. Maybe one day he'll realize that being a jerk to store employees who don't decide store policy and police officers who are acting on reasonable suspicion is not how you stand up for your rights.

  226. Re:Why not cooperate? by GuyverDH · · Score: 1

    Who else was a president (okay, I'll give a hint - there were 2 of them) that used GW as part of their monogram?

    --
    Who is general failure, and why is he reading my hard drive?
  227. Re:Why not cooperate? by johnkzin · · Score: 1

    Couldn't your post have saved some space and bandwidth by just being shortened to:

    I, for one, welcome our new jackbooted police-state thug overlords!

    Straight to the point, lets us all know where your nose is, and even fits a /. trend (and well all know you're into being a sheep, right? so, go ahead and follow the trend).

  228. For What it's worth... by Anonymous Coward · · Score: 0

    Given that Atha is not a typical last name and Stow is near Cleveland, this has a pretty good chance of being correct.

    Atha, Joe & Jamie
    4447 Stow Rd
    Stow, OH 44224-1844
    (330) 688-3614

  229. Re:Why not cooperate? by jp10558 · · Score: 1

    Well, I guess they could ask people without a bag for a recipt - but who would give out the recipts that you didn't buy anything? I'm rather sure they cannot search your person if you do not have a bag and recipt...

    --
    Opera, Proxomitron-Grypen,GPG 0x0A1C6EE3
  230. I don't go anywhere without my by falconwolf · · Score: 1

    ACLU Bustcard

    There's one like it for photographers, The Photographer's Right. It's based on the Bust Card. It's recommended they carry it with them because a lot of photographers have been stopped and questioned if not have had their cameras taken while out shooting since 911. One student photographer at the college I was attend then was questioned while working on an assignment for a class. So naturally this became a big topic in the photo classes. Some made commends they didn't want to go out in public to shoot.

    Falcon
  231. What if they did accuse him of shoplifiting? by dacaldar · · Score: 1

    If they had simply said that they did believe he may have tried to shoplift, what would they have to lose? Would he have then needed to show the receipt, or did he have another nifty trick up his sleeve?

    My only guess is that he would have to wait for the police and then ask to see evidence against him, and maybe counter-sue for harrassment later if it could be proven that there's no evidence.

    By the way, anyone know if this applies to Canadians as well?

  232. Re: Larry Craig's record on homosexuality by adminstring · · Score: 2, Interesting

    Your request for documentation sparked my curiosity, so I went looking... After half an hour of searching the 'net, it seems to be the case that Larry Craig has never mentioned homosexuals either in Congressional debate or in any publication. He has of course voted along with most of the Republican party and part of the Democratic party, against the best interests of homosexuals, but it looks to me like depictions of him as a hardcore gay-hater are quite inflated.

    He's most likely just another "good ole boy" who is willing to sell the rights of gays down the river in exchange for some bubba votes back home and some mutual back scratching from his GOP colleagues. This makes his outing less of a story, and makes him less of a tragic villain. Probably so many exaggerations are flying around because we like to hear a good dramatic story, and the reality of the situation isn't all that engaging.

    Not that homophobia in Congress isn't a bad thing, and not that he didn't participate in it with his votes, but Larry Craig wasn't at the center of it, and he was never Jerry Falwell's right-hand man. Maybe the next scandal will be more titillating :-).

    --
    My truck is like a series of tubes.
  233. Re:Why not cooperate? by joebagodonuts · · Score: 1

    Jesus, grow a pair, why don't ya?

    --
    "Give a woman two glasses of wine and some pad thai, and they'll agree to just about anything." the Sports Guy
  234. Can you proof this or did you just make it up? by falconwolf · · Score: 1

    Yes, read his blog. He states that he's done this several times before, and he knew what they were going to do. I'd have a completely different attitude if this guy innocently ran into the situation, but he did not.

    Ok, sorry about my attitude then.

    I wonder why he started it. People don't typically just start something like this on a whim.

    Falcon
  235. No sir - YOU are. by Anonymous Coward · · Score: 0

    If having 'something missing' is all the evidence they had, they'd be laughed out of court. If they haven't got probably cause - Someone actually SEEING HIM TAKE SOMETHING - they have no case, AND no right to stop him. C'mon, people, learn your freakin' rights, and TAKE THEM!

    You are an idiot, like many, many, depressingly many people in this thread.

    HAND

  236. Re:Why not cooperate? by rynthetyn · · Score: 1

    Look at it from the cop's point of view, if this person is not cooperating then they have something to hide.

    Except that obviously wasn't the case here. Asserting your legally protected rights is NEVER an admission of guilt. Unfortunately, uneducated toerags like yourself and the police officer in this case don't believe that's the case. I have, on more than one occasion, flat out refused to even give my name to the police on the grounds that asking for my identity without probable cause fell under unlawful search and seizure. Basically told them that the only way I would provide that information was if I was under arrest, and since I was not under arrest, then I wasn't going to give it to them. Of course, they then suggested that maybe they could arrest me, but when push came to shove, there wasn't any valid reason for them to do so.

    I had absolutely nothing to hide, I just don't particularly feel that the police should be allowed to go around asking me for my name when all I'm doing is exercising free-speech rights and protesting on a public sidewalk. It's the principle of the thing, and it's high time that American citizens started standing up for our rights while we still have them.
    --
    Eagles may soar, but weasles don't get sucked into jet engines...
  237. One-sided Testimony by Anonymous Coward · · Score: 0

    According to his own account (since that's apparently all there is), this guy chose to make a scene that ended up inconveniencing his entire family. What a jerk! How nice of him to finally consider their feelings. I seriously question this guy's rational. He claims this wasn't the first time, so if he waited he may have been presented a more considerate time to stand on principal. Again, what a jerk!

    More questions than answers:
    * Where's the evidence that any of this happened exactly as he claims?
    * How does Mr. Righi's account stack up to others?
        * What's Circuit City's account of these events?
        * What's the Police's?
        * What about witnesses?
    * A prosecutor committing extortion is a serious charge! Shouldn't Mr. Righi report this to the authorities rather than blab about it on his weblog?
    * Why donate $5,197.23 to the ACLU? Doesn't he realize that's pocket change compared to the money they extort from small towns freely displaying religious symbols, a First Amendment right.
    * If he believes so much in the ACLU and their cause, why didn't he just call them up? Surely they would've fought his case for him pro bono. Again, I question this guy's rational.

    Until I hear more from the other side, I have no reason to believe this guy's whining or that any of this happened the way he recounts. I almost feel sorry for all the suckers that actually gave this whiner their money.

    If it can be proved beyond reasonable doubt that Mr. Righi's rights were actually in danger of being violated, I'll still think he's a whiny jerk, but at least then, I would feel obligated to help him.

  238. Re:Attempted Murder for a beating? Not cool. by YttriumOxide · · Score: 1

    I couldn't agree with you more... except on one little point.

    There is, of course, another, darker reason: revisionism. Nazis did horrible things. So did their collaborators in other countries. It is less-than-honorable period in Germany's and many other countries history, so they'd rather pretend it never happened. I've heard that Japan has a similar problem with its own atrocities, often committed against the civilians of its empire: they simply aren't mentioned in history books.

    As a foreigner now living in Germany that also has a lot of contact with Japan, I can tell you you're half right. Japan does indeed seem to practice revisionist history in in it's schools and general attitudes. Germany however, I can assure you, does not. Most German schoolchildren know FAR more about the second world war than school children in any other country. They are taught about the horrible things done by horrible people, and they are taught about the great things done by great people. I would actually hazard a guess to say that it's LESS revisionist than elsewhere in the world. How many stories of greatness, goodness and heroism do you hear about the GERMAN side of world war 2? Yes, terrible things were done, and I would not and will not defend Germany for any of these terrible things... but I am more than ready to applaud the great men and women that were there and did amazing things.
    On the other side of the same coin, how much do Americans and British learn about the atrocities committed by the allied soldiers during WW2? Such as gunning down groups of German prisoners because it's easier than taking them with you and processing them? Soldiers doing horrible things is neither a recent phenomenon nor ever only one-sided.

    I've gotten slightly offtopic here I'm afraid. To get back to my main point, no, Germany does not practice revisionist history. It is not proud of its past, but it realises that one of the best ways to stop it happening again is to teach about it. Yes, it is illegal here for me to goose-step down the street waving a swastika on a flag and yelling "Heil Hitler"... But not because people want to suppress the memory of it - simply that they understand how dangerous words and actions can be - especially when there are still people alive today that remember when it happened. I would not be surprised if, in 50 to 100 years, those laws no longer exist here in Germany. (If Germany as a country still exists rather than a "state of the EU", but that's another topic!)

    The vast majority of people under the age of 35 have an attitude that basically says, "Yes, our country screwed up. Yes, they did horrible things that are inexcusable. BUT, can we please just get over it now and move on? Don't forget it, but stop focusing on it and realise that there's more to Germany than events from 60 years ago.". And I agree with them - shall we hold modern America responsible for mass slavery of Africans? Or shall we hold Australia responsible for treating the aboriginal people like animals and shooting them for sport? Or shall we hold Spain responsible for the Spanish Inquisition? All of these are longer ago, that's true, but at some point, you just have to move on.

    --
    My book about LSD and Self-Discovery
    Also on facebook as: DroppingAcidDaleBewan
  239. Old tech by Anonymous Coward · · Score: 0

    From TFA "there were wires attached to a battery that actually lit up"

    She controls the technology of Edison! SHOOT HER!

  240. Re: Larry Craig's record on homosexuality by DavidTC · · Score: 1

    He didn't do it in 'publications' or in Congress. He did it in his campaigns, every time he's been asked about rumors he's gay.

    However, yes, at least he's not an insane hypocrite running around proposing restrictions on gays. And I think we can assume the 'I'm not one of those horrible gay people' claims were based on the fact he actually is and was in denial.

    He's not, say, Vitter, who found it necessary to protect marriages because he was visiting hookers.

    --
    If corporations are people, aren't stockholders guilty of slavery?
  241. Re: Larry Craig's record on homosexuality by DavidTC · · Score: 1

    Oh, and he deserves props for, back in 1994, not supporting an Idaho voter initiative to ban gay marriage. (Among other horrible things on it.) It didn't make any different, it was for the voters to decide, but he (mildly) came out against it.

    --
    If corporations are people, aren't stockholders guilty of slavery?
  242. Re:Attempted Murder for a beating? Not cool. by Seumas · · Score: 1

    [quote]Stupid? He's doing what he should do in that situation. If I'm anywhere and six guys of ANY color start to threaten me, believe I'm grabbing my Sig. Pointing it at them is a different story, however. "Instead of leaving the scene to avoid a conflict" ?? Fuck you. This is a free country and we're allowed to be in public places without being threatened to leave. Nobody runs me off a place I have every legal right to be, period.[/quote]

    You are an idiot.

    Feeling threatened is not an excuse to leave the scene, go get a weapon and return to the scene. In fact, you are obligated under law to withdraw from a violent confrontation if it is at all possible. You are the type of gung-ho redneck idiot that gives the rest of Americans a bad name. "He done gave me a dirty look -- I'ma go get mah gun!".

    If you feel threatened and have no means of withdrawing from a situation, you can take various actions in your defense and claim it as "self defense". What you CAN NOT do is wander off to get a weapon and then return. You are making the situation worse and you are no longer acting in self-defense, but antagonizing and provoking the situation, just as this kid clearly did. This kid WANTED a confrontation. They didn't threaten him. He just said he FELT threatened. "Feeling" threatened isn't an excuse to whip out a shotgun on someone.

    It's unfortunate that there is a large swath of our society that spews ignorant bullshit like you do, but it surely does exist.

  243. Re:You know what would have been REALLY cheap, tho by Anonymous Coward · · Score: 0

    You know what would have been REALLY cheap, though Your mom? >:-P
  244. No offense, but by Degrees · · Score: 1
    In most (if not all) accounting systems, the way to stop internal employees from stealing is to twice-check the transaction. Stealing by one employee is easy, but making the dishonest employee find and hook up with another dishonest employee makes the planned theft difficult. For example, this is done with an accountant writing checks; the checks are signed by someone else. One cashier rings up the sale; another verifies the shopping cart has only the items listed on the receipt.

    If the accountant can write AND sign checks, what would stop writing checks to the bogus business run by their spouse? If the cashier doesn't get checked, what would stop the cashier's spouse from pasting the UPC barcode for a box of diskettes over the UPC for a 700 MB disk drive (to later be sold on eBay)?

    Sure, eventually the inventory or cash balances aren't going to match - and some sort of twice-checking will have to be implemented.

    So would you shop at a place that made you go through the register twice? Would you shop at the place where everything over $100 dollars was purchased through a slip of paper with the barcode (and then at the door, an inventory clerk brings the item to you from the warehouse (which still needs twice checking, in case the inventory clerk is the thief))?

    My point is: protecting against theft from insiders is generally implemented by forcing the insiders to collaborate against the anti-theft system. If you can figure out a better way to for stores with expensive items to protect themselves, I'm sure the stores would love to hear it.

    Because the alternative is to just let the theft happen, and raise the price of the goods to cover the loss. The honest people then subsidize the thieves.

    --
    "The most sensible request of government we make is not, "Do something!" But "Quit it!"
  245. Also in Edinburgh, Scotland, UK by Anonymous Coward · · Score: 0

    I was in the Cosco today for the first time ever, and saw signs that said

    "In the interests of making shopping safer for everyone, please allow us to search your bags for security reasons".

    On the way out, there is a guy with a namebadge proclaiming him to be "Fred" under a sign which reads "You must present your receipt and bags for inspection prior to exiting the store".

    There is no way in hell I would allow myself to be searched, and I am not a thief. My companion for the day happened to be one of those infuriating "if you have nothing to hide" types, even when I explained that such a search would be a common law assault in Scotland if conducted without consent, and even the Police here are held to fairly strict rules (under PACE) if they wish to search bags or persons without consent. Scary!

    Thankfully I know enough about my rights under Scots law, and a fair view of what the police, CPS, and Court would say if I brought an action against a store employee for assault. In Scotland private citizens have the power of arrest, however if the suspect cannot be proved to have committed the arrestable offence he was detained for, the "arrest" becomes and assault and a delictual claim can arise.

    Scary times, but I know my rights and will not be cowed by a shop. Further, if I were to find myself in the unfortunate situation this gentlemen did, I would be fully prepared to challenge the matter in Court. Further, it is not a common request to produce a drivers licence here unless you are operating a vehicle. so giving name rank and serial number would have sufficed. Further, the Police have a legal duty to process a report of a recordable offense, even if they think the case has little chance. Further, while the CPS might not consider it appropriate to prosecute the rent-a-cop, private prosecution is alive and well here!

    Be on your guard, and know your rights, wherever you may be.

  246. ACLU is a fricking Holocaust by tjstork · · Score: 1

    If defending liberty is "liberal", why do conservatives hate liberty so much?

    The ACLU doesn't defend liberty. It harasses small towns into forking over hundreds of thousands of dollars to make them go away. Let's really check a list of lawsuits:

    http://www.floppingaces.net/2005/10/13/aclu-wackiness/

    Please, tell me how freedom is maximized when you have an organization tearing down religious symbols. They don't.

    Finally, the ACLU itself believes that WE DO NOT HAVE THE RIGHT TO KEEP AND BEAR ARMS.

      The ACLU therefore believes that the Second Amendment does not confer an unlimited right upon individuals to own guns or other weapons nor does it prohibit reasonable regulation of gun ownership, such as licensing and registration.

    The ACLU agrees with the Supreme Court's long-standing interpretation of the Second Amendment [as set forth in the 1939 case, U.S. v. Miller] that the individual's right to bear arms applies only to the preservation or efficiency of a well-regulated militia. Except for lawful police and military purposes, the possession of weapons by individuals is not constitutionally protected

    So there, a classic liberal organization - oppressing the majority, and depriving everyone of their right to keep and bear arms.

    And, don't even get me started on vouchers, bussing, and other matters. The ACLU has consistenly violated the rights of the majority and their elected officials.

    --
    This is my sig.
    1. Re:ACLU is a fricking Holocaust by Scudsucker · · Score: 1

      So, you're bitching about how the ACLU doesn't support the 2nd amendment, and then give a link complaining about the ACLU supporting a guy who doesn't want to be bodily searched without cause?

      Bhwhaahahhaahahahahahahahahahahaahahhaahahahahahahahahahahahahahahaha.

      You wingnuts should form a comedy troop with Baghdad Bob, you are frikkin hilarious.

    2. Re:ACLU is a fricking Holocaust by tjstork · · Score: 1

      You wingnuts should form a comedy troop with Baghdad Bob, you are frikkin hilarious.

      We righties have our problems, to be sure, but you lefties have a fundamental disconnect when you talk about freedom. At the end of the day, the effect of all of the great left wing amendments reads: "Congress shall have the power..."... And that's really what happens. You give the government power, and you take it away from the people. Sure, some of your causes are good, but they do make the majority of people less free. If you could just be honest enough to admit that you are not as in favor of freedom as you are about social harmony, then, that would be nice.

      --
      This is my sig.
  247. Re:yes, you could do it the hard (easy?) way by Anonymous Coward · · Score: 0

    What if the purchaser purchased an X-rated but legal video game or video, or something else which they were embarrassed about for some reason? The cashier must see the purchase to ring it up, but someone who was embarrassed would reasonably refuse to show it to anyone else they were not legally compelled to, and for arguably good reason, social pressure being what it is.

    You may argue that that isn't a "VALID" reason, but this is all about the citizen's privacy, and protecting it. I may very well feel that no-one has the right to know that I purchased 2TB of disks today. Why do you feel that the "security guard" does?

    Furthermore, why should showing the receipt be the "hard way". Isn't stopping, showing a receipt, and then having some goon paw through your bag clearly harder and more time consuming than the converse on the face of it? Especially when they have no legal grounds to force or require you to do so.

  248. You are wrong by Rudd-O · · Score: 1

    This is not true -- the expectation of behavior in private establishments open to the public is already established in case law and there is absolutely NO legal recourse that enables circuit city to force the customer to produe his receipt. I don't know why you continue insisting along the lines of your wacko theory that people should just do what they're told.

    Plus, he was arrested OUTSIDE circuit city, so there goes your theory.

    --
    Rudd-O - http://rudd-o.com/
    1. Re:You are wrong by capnjeremy · · Score: 1

      I don't think case laws are as valid as the principals of liberty.