That is in total violation of WalMart policy.
Agreed. About two weeks ago I was exiting the Walmart near North Academy and I-25 in Colorado Springs at around 1 am. A uniformed security guard (I'd never seen one of those in Walmart before!) approached me as I left the check-out and was headed towards the door. The receipt was in the very bottom of one of about six bags I was hand-carrying. As he moved towards me, I shifted my direction from the door to headed directly for him, and said, "I suppose you want to see my receipt. Hang on... It's buried at the bottom of one of these bags." I set them on the ground. He stopped, and said, "No, that's ok. You're fine."
My point that in mine experience, I've always had far greater success in being treated well, being given the benefit of the doubt, etc, by being forthcoming than I've ever had by being evasive, confrontational, etc.
Now, having said that...
"A Wal-Mart manager admitted Tuesday that employees can’t detain a customer for declining a
receipt check — even when the security alarm is activated."
http://indieregister.com/wal-mart-receipt-check-is-voluntary/
"Before taking further action, the personnel must have reasonable suspicion to believe that you’ve shoplifted. Without that suspicion, the staff cannot stop you from leaving the store. For instance, it would be inappropriate to do any of the following:
I agree with Grapeshot, and add this article from USLegal.com: "
Is it legal for Wal-Mart to search your bags after you have paid?" Therein, they note, "Basically, nothing in the law gives the merchant the right to detain a customer for the purpose of searching a shopping bag unless there is a reasonable suspicion of retail theft. A customer can refuse to have their bag checked and simply walk out the door past the bag checker," and go on to discuss unlawful detention. There, they state, "A store security guard who detains a customer on suspicion of shoplifting is legally authorized to do so, and is not liable for battery, absent allegations by the plaintiff that he/she was threatened with physical harm or that he/she possessed a well-founded fear of imminent battery. A store employee may use only the force that is necessary to detain the patron."
The key word there is "suspicion of shoplifting," and they note that a customer's refusal to show their receipt does not constitute legally sufficient "suspicion of shoplifting."
Basically, this follows the same guidelines that any of us, as well as the police, must use with respect to detaining a suspect. Here in Colorado, it's "reasonably articulable suspicion," or RAS.
"Probable cause to search for evidence or to seize evidence requires that an officer is possessed of sufficient facts and circumstances as would lead a reasonable person to believe that evidence or contraband relating to criminal activity will be found in the location to be searched. As with an arrest, if an officer cannot articulate the facts forming the basis for probable cause, the search and seizure will not hold up in court." -
Source
"Reasonable suspicion is a standard established by the Supreme Court in a 1968 case in which it ruled that police officers should be allowed stop and briefly detain a person if, based upon the officer’s training and experience, there is reason to believe that the individual is engaging in criminal activity. The officer is given the opportunity to freeze the action by stepping in to investigate. Unlike probable cause that uses a reasonable person standard, reasonable suspicion is based upon the standard of a reasonable police officer."
Source
Two key things, here: Although we are not police officers, we're held to roughly the same standard, and by "we" I'm talking about those of us who are not law enforcement officers, a list which includes both Walmart employees as well as Walmart security guards.
I included the above for the OP, as some people don't know the difference between RAS and PC, or their definitions.
Here's what I would do if I were in your shoes:
1. Before I obtained an attorney, I would try the good, old-fashioned approach by writing a letter.
2. Write a detailed narrative, date, time, location, description of all involved - each and every detail you can possibly remember. Do NOT give this narrative to ANYONE except your attorney.
3. Write the manager a polite, but short letter in which you state the date, time, and location of the unlawful detention. Don't argue the point. Simply state it as a fact. "Just the facts, Ma'am." Something like:
On the fifth of June, at approximately 11:35 pm, at the Walmart in Northglenn, Colorado, I went through the checkout counter, paid for my goods, and proceeded to the doors where I was asked for my receipt. Commensurate with local, state, and federal law, as well as Walmart corporate policy, I politely refused, then proceeded to my car. I was unlawfully detained, during which time I was both handcuffed and disarmed while loss prevention reviewed the tapes.
I cannot allow such unlawful behavior to remain unaddressed.
I respectfully request a full review of the employees' and security guard's actions, along with a sincere letter of apology.
Sincerely,
First, MI, Last
CC: Walmart Corporate
Northglenn Police Department
Representative (State legislature)
Representative (Congressman)
4. Send it via registered mail, return receipt required, to all five parties.
Walmart has a long history of people making mistakes at the local level, only to have Corporate bend over backwards to smooth things over. This letter puts them on notice and gives them a chance to respond appropriately.
This letter also provides you (along with a possible future attorney, should you wish to pursue that route) with a ton of potential ammo should Walmart flub it, try to cover it up, minimize what happened, etc.
Alternatively, if you're more comfortable paying attorney fees than writing a letter, by all means, it's fully within your rights to hire an attorney at this time. I am certainly not advising you to the contrary! If that's what you feel you need to do, by all means, do it.
5. If they flub it, and I felt inclined to pursue the matter, I would then...
6. Gather all evidence, including both the letter, any responses, and that detailed narrative of the account I mentioned in point 2, above.
7. Call an attorney.