Taking Home Unscanned Items (by accident!) - Page 8

On August 04 2010 02:43 AyJay wrote:
I'd think this way:

At least I'm not Bobby Kotick

On August 01 2010 11:58 dignity wrote:
Watermelon is a much sought out delicacy in some parts of the world. You should be ashamed of yourself.

On August 07 2010 08:43 Tdelamay wrote:
Whoa, 3$? Watermelon are 6$ here ;_;

On August 07 2010 03:31 Comeh wrote:
As a grocery bagger, there have been times that i have noticed something staying in the cart and not getting scanned, or something missing being scanned, and i let it go anyways.
That has a lot more to do with my hatred of that store/my boss, than anything though.
I don't feel too bad about it.

On August 07 2010 12:55 Kenpachi wrote:
are people still discussing the watermelon crisis?

On August 07 2010 02:58 dogabutila wrote:
Few issues here.

1) That watermelon is now shrinkage. This encompasses cashier error, as well as outright theft. It basically any non-legitimate loss. (ie. didnt sell all the milk we stocked before it went out of date).

2) Why the hell did you not put the watermelon on the belt? It's not too heavy right? Cause you got it into your car, and into your house and onto the cutting board..... don't be lazy.

3) If you were going to be lazy, did you inform the cashier that you had a watermelon in your cart? If you did not, then why not? Just forgot?

4) Why did the cashier not put the items in your cart? He obviously would have seen the watermelon then. At our store, cashiers check and put the bags on the back of the register until you finish clearing out the cart. When you are done with the cart they put the stuff they check currently into the cart. Discretion to the cashier if they also want to put the stuff on the back of the register into the cart as well.

Point is, the cashier should have checked your cart. Perhaps if this is not how your local grocery store does things // policy then w/e. However, speaking from both a LE-track perspective and a customer service rep (@ a grocery store no less) perspective, mistakes happen. This isn't more YOUR mistake or more THE CASHIERS mistake. Just a series of events that needed both people to do or not do certain things for the event to come out this way.

Customer service isn't going to bother you for 3 dollars if you come back in for it, unless you really really want to pay for it to make yourself feel better. They will just tell you to put the watermelon up on the belt next time. Or tell the cashier about it. After you leave they might give the cashier a little bit of a hard time for not checking the cart.




Legally, it is technically theft. However, the grocery store will never press charges. Not for a $3.88 watermelon. Even a police officer standing in the store watching you check out would not know if the cashier keyed it in or not without checking your receipt which he has no legal right to do (but funnily enough, store security could...).

Everybody saying mens rea is not fulfilled is stupid. Mens Rea is not required for all types of crimes, nor for all situations for other crimes. Further, one could argue that not putting the watermelon on the belt and not informing the cashier is willful negligence. Then lastly, when one discovers the mistake and takes no actions to make it right, this is also the guilty mind. Basically, you do not have to have to think "I AM GOING TO STEAL THIS WATERMELON". It is possible to fulfill mens rea by deciding "I will not put this up on the belt, i'll just let him know about it", and then not letting him know about it due to just forgetting.

Mens Rea is also fulfilled the instant you decide not to take corrective actions.




Actually, yes it is. This is why if you can demonstrate it to customer service they will speedily give you a refund.

On August 07 2010 15:45 Divinek wrote:


thank god someone who actually knows what they're talking about posted in a thread like this!

i hate it so much when a bunch of people who think they know how anything works posts when they have no idea and base it around their own system of what they think is right as if it was the law or something

i mean everyone can share their opinion, but when the op specifically asks what does the law say i look through the whole thread eagerly awaiting a post like this!

thank you

On September 14 2010 06:37 NotGood- wrote:
It isnt theft if they dont charge you for it. Its the emplyee's/stores own damn fault. They may have the legal right to bill you for the watermelon (or anything or that matter) but you had no intention of stealing when checking out. Just claim ignorance, and their isnt shit a cop can do.

EDIT: If you failed to put it on the belt, you fucked up. I thought op would of put it on the belt and the cashier just scanned 2 when theres 3 ect ect.