Legal Question in Consumer Law in California

detained at door

Does Costco, or any other business, have the right to check your receipt before allowing you to exit,or do they have to tellyou that they are detaining you .


Asked on 8/26/01, 8:48 pm

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: detained at door

Thanks for your question. Costco, or other companies, may have a policy that requires persons to check receipts at the door, so long as the policy is not:

(a) intrusive;

(b) falsely slanderous; or

(c) discriminatory.

A merchant statute in California, and other states, gives the store the right to "detain" someone temporarily either for the purpose of recovering merchandise and/or for summoning the police. To detain someone, under the statute, means that they are not technically under arrest, but merely being temporarily investigated.

Such a detention is not false arrest, unless it is overly intrusive, slanderous, or discriminatory.

Thanks again, and if you have any questions, please email or call me at 714-568-1560.

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Answered on 9/04/01, 3:28 am


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