Saturday, August 04, 2012

Search Me

Nope. I don't want to see any movie that badly. 

I just got a report from someone in Tennessee that at least one movie theater is looking through bags and purses for firearms, and am curious about the legality of searching people in private establishments--and if doing so could be the basis for a lawsuit. 

As I understand it, private membership stores like Sam's Club can, ON EXITING, check merchandise in the CART against receipts as part of an agreement you voluntarily sign, and if you don't allow it they can cancel your membership, but if any store open to the general public wants to look through your shopping bags WHEN LEAVING, you have the right to tell the employee to go pound sand. If they have strong enough suspicion you've stolen something, their only option is to call the cops--who you can again refuse giving search consent to, and it's up to them to determine if they have probable cause. And they and the store can be sued if it turns out they didn't.

I'm not sure what statutory provisions exist--and I imagine they'd vary state-to-state--for demanding a personal search as a condition of entry, and it sure seems like that could be challenged--especially if you've already purchased your ticket and it was not a clearly stated as a condition--or whether it's legal even if it was.

Understand that the report I got is, as yet, uncorroborated, so the intent here is not to gin up outrage over something that may not prove out. At this point, I'm strictly in information-gathering mode, and trying to find out if anyone else has heard of this occurring. I'll go back to my source and see if I can get more details on where this is reportedly happening, and if it's a specific chain. In the mean time, if you know of anyone doing this, please advise in "Comments."

9 comments:

  1. I get a lot of heat from people who don't agree with me about this, but: http://www.youtube.com/watch?v=tn29AhxH7s0

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  2. Wonder where that was?
    I live in TN and would like to know and tell my readers where to avoid.

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  3. I doubt that they'll find any guns that way, but they likely will find LOTS of smuggled-in candy, given the prices theaters charge for their stuff.

    As to searches and metal detectors, I've only heard rumors about some theaters thinking about it. Doesn't seem like a smart thing, if theaters are already having trouble getting customers.

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  4. Businesses and theme parks in Central Florida have been doing this for over ten years, since 9/11. They do not, however, search your person.

    I stopped carrying in fanny packs because of it, even though they were good camouflage, with half the tourists wearing them.

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  5. Divemedic--yes, aware theme parks etc do it--I want to make sure if you decide to turn around and leave you can without getting security called on you, plus get your money back if you've already bought the ticket.

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  6. Kent, I agree with that premises on your linked video. However, I simply refuse to do business with, or enter an establishment of, any business that demands that I be defenseless upon entering.

    It goes without saying that none of these property owners intend to protect me against violence. I still have _some_ choices.

    Here's another video which addresses the issue: http://www.youtube.com/watch?v=C0vyxgJLJVA

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  7. I refuse to stand in line to buy a ticket to watch a movie. I'll be damned if I'll submit to search to watch one.
    [W3]

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  8. Retailers search bags on exit to thwart corrupt cashiers working with accomplices, not to catch shoplifters.

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  9. Here is my experience with a theater searching bags.

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