Expert: Mark C. Robins - 9/2/2007

Question
Hi Mark,

I recently made a purchase at Best Buy and when I was leaving the store I found that there is an associate whose job it is to ask everyone for their receipt and verify the contents of their bags.

I was caught off guard by this and produced the receipt and showed him my purchases. Afterwards I felt a little sick at what I had done. What gives Best Buy the right to treat their customers as shoplifters like this!

Once I have bought something I own it. This, to me, seems like an illegal search (including the request for my receipt that may already be in my pocket) that I have the right to refuse. What are the consequences, in Ontario, of my refusal?

I know that a citizens arrest can be made but what are the consequences to the arrestor if he/she is found to be wrong and made an arrest with zero evidence of a crime being committed? I am sure that refusal to submit to a search cannot be deemed as cause for citizens arrest.

Regards,

Pierre

Answer
Any retail store has the right to set policies for searching bags.
Your right is to not shop there.
This is not different that Costco, Sam's club etc.
I do not see it as being treated like a shoplifter.
Refusal would likely end in you being asked to leave and possibly served under the Petty trespass act.