Legal Question in Constitutional Law in California
4th Amendment Violations
Are store employee's or store security guards allowed to ask for your register receipt and search through your shopping bag? Are they allowed to do this, right at the exit, right after you make a purchase, directly in front of them? This occurs to often, and it occurs in a variety of stores - but it is not a practice often seen at supermarkets, or small specialty stores, or convenience stores. This lack of common practice makes me wonder about the right of an individual for a matter such as this. Is there a law that states that a business can conduct a consented search of a person, on their property? This is a multi-layered question with really one theme - can I, as a customer, refuse such a search?
2 Answers from Attorneys
Re: 4th Amendment Violations
Yes, you can legally refuse the search. the only thing they can do is not let you come into the store in the future.
Re: 4th Amendment Violations
First of all, the 4th Amendment only applies to GOVERNMENT actions. A store is not a government entity.
In order to stop you and look in your bag, the store personnel must have a reasonable suspicion that you have stolen property. If he/she doesn't and they stop you forcefully, they are potentially liable for battery and false imprisonment, both criminally and for damages in civil court.
Some thing tells me I disagree with the last answer regarding them being able to stop you from entering the store, espically if it was after you'd pressed charges or sued them, since retaliation for exercising your legal rights is also illegal.
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