Legal Question in Criminal Law in Texas

Once you make a purchase from Wal-Mart and you move directly from the cashier to the exit are you free to leave without being detained for searching to see if what is in your hand or basket matches your receipt? If an employee tries to detain you are you require to submit? Is showing a receipt in your hand required? If you are subject to an attempted detaining by the Wal-Mart employee can you resist? And all this presupposes that at no time while shopping have you done anything to raise suspicion of theft. Just wondering because it seem to me the only people I see getting this treatment is people of color.


Asked on 1/15/12, 9:27 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Unfortunately, shoplifters have been known to bring receipts from the trash or parking lot into the store, steal the items on the receipt and take them from the store. Some stores, such as WalMart, try to prevent this practice by checking the date and time information on all receipts as well as the items.

You need to understand that stores have cameras that are monitored while you are inside. You can't get inside the head of the person that monitors these cameras. So it is possible that someone thought they saw you do something that was suspicious.

I don't know that the loss prevention personnel at the store have the power to arrest you. However, if you resist, it is likely that the police will be called. The police have the power to detain you, investigate the situation and arrest you..

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Answered on 1/15/12, 10:04 am


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