Kokua Line
Kokua Line
No real legal protections
against store bag searchesQuestion: I recently spoke to Costco in Salt Lake to inquire about their policy of searching through personal belongings such as purses, backpacks and other bags upon leaving the store. While I can appreciate their desire to undertake certain measures to minimize inventory loss and to maintain their prices, their policy seems extreme. Although membership involves an agreement to abide by store policy, is it legal to have such a policy in the first place? If so, are there limits, or is the limit determined just to where people stop being members? If such a policy is legally allowed and applied fairly and without prejudice, then I am fine with their policy. But do I have a legal right to refuse to such searches and without jeopardizing my membership?
Answer: "There are no constitutional prohibitions against it because the Constitution applies to government action, and this is not government," civil rights attorney Earle Partington, who works with the American Civil Liberties Union, said when we relayed your complaint.
There could be a problem if a store employee were "rooting around" and looking at everything in a bag, he said.
Otherwise, Partington said he doubted that "the courts are going to be terribly sympathetic" to complaints if Costco, because of concerns about shoplifting, is "engaging in a minimal intrusion ... just looking to make sure that you haven't stuffed an item in that you haven't paid for."
However, he added that he thought it would behoove Costco to post a sign at the door saying what the policy is.
"Without any doubt, if Costco put a big sign at its door saying, 'Anyone entering with bags will have the bag searched upon leaving,' then people have a choice," Partington said. "They don't have to go into the store. And by entering the store, they've consented."
Costco's policy at all stores is to ask both members and employees to see the contents of larger bags, such as backpacks or a purse or briefcase of the same size, said Robert Loomis, warehouse manager for Costco Salt Lake.
"That is obviously to protect ourselves," he said. "We have a challenge managing our shrink (losses) and to monitor what is leaving the warehouse." The alternative would be "to spend the extra money to put the bars at the door that detect when merchandise is leaving the warehouse."
Asked what would happen if a member refused to cooperate, he said, "We let him out."
But a manager would probably be called first to explain the situation, Loomis said.
If he were the one doing the explaining, Loomis said, "I would say: 'Sir or Ma'am, we're just protecting ourselves. We can't make you open your backpack but we ask if you are aware that you are bringing one in, please be aware that you will be asked to open it upon exiting the warehouse.'"
Loomis said Costco is "by no means attempting to accuse people" or to "single anybody out."
"We don't pick and choose who we do it with, by no means," he said.
As for people carrying "regular" purses, he said, "We would never, ever ask you to open your purse."
Asked if there were posted signs stating the policy, Loomis said there used to be a sign at the Salt Lake store, but it was taken down before he arrived.
However, "I haven't had any problems with (the policy)," he said. He added that if you or anyone would like to discuss the matter further, to call him at the store.
Meanwhile, we checked with Carol Pregill, executive director of the Retail Merchants of Hawaii, to see if bag searches were being used more frequently by her organization's members as part of security procedures. She said the association's security committee meets monthly and the issue has never come up.
"In fact, it's generally more not to do that," Pregill said, although she noted that some stores ask customers to check bags or backpacks at the door.
"I think the trend is to be cautious but not to violate anybody's civil rights -- to err on the side of missing something rather than being proactive," she said.
Mahalo
To Melveen Leed for her spectacular concert at the Hawaii Kai Towne Center. She is a true artist and world-class performer. What a classy lady ... her dazzling smile, humor and love of life are infectious! We love you, Melveen. Mahalo also to Sydette and the Hawaii Kai Towne Center for sponsoring this concert for the community. -- Gladys
Auwe
To the male driver of a Nissan Altima who was driving on the H-1 freeway, Leeward-bound, recently. He was going the speed limit (55 mph), but was reading a magazine perched on the steering wheel with his left hand and talking on his cellular phone using his right hand. It was 6:45 p.m., not exactly light enough to read the tiny print. We parted ways at Middle Street where he took the offramp. I hope "Mr. Houdini" reads this and decides next time to use more common sense while driving. The next time the person observing him in action may be from HPD or, heaven forbid, an accident may occur. -- Concerned Citizen(Senate Bill 411, since shelved this session, would have required the Department of Transportation to compile a report on distracting activities that lead to traffic accidents and also provided for criminal penalties for drivers who did not pay attention while driving.
(Among the distractions cited: personal grooming, eating, reading, interacting with passengers or pets, and talking on the phone. However, Honolulu police testified there was no need for the measure because they could already cite motorists for inattentive driving.)
Got a question or complaint?
Call 529-4773, fax 529-4750, or write to Kokua Line,
Honolulu Star-Bulletin, 500 Ala Moana Blvd., No. 7-210,
Honolulu 96813. As many as possible will be answered.
Email to kokualine@starbulletin.com