Someone pointed out that Costco/Sam's are membership clubs - but frankly if ANY store feels the need I think they should have every right to do it.
I think they should have the right to do it, they own the store, if you don't like it, don't shop there.
These two statements (or rather, the ideas that are implied by them) are so wacky I hardly know where to begin.
Your civil rights do not end simply because you walked through the doors of a store.
Stores have the right to
request to check your bags against your receipt, and you have the
absolute right to refuse to allow them to do so. There is one exception to this, which I'll mention below.*
You have not given up your right not to be searched simply because you entered and/or exited a store. Once you have paid for the items at the register, they (and by law, the bag or packaging the items are placed in) are YOUR PROPERTY. The items ceased being the property of the store when you exchanged money for them. Therefore, they have no right to search YOUR PROPERTY without cause to suspect you of having shoplifted something. In this case, cause is defined as somebody having witnessed you conceal an item and then not pay for it.
Note here that a sign hanging on the outside of the store or in the entranceway declaring that those who enter the store are subject to search is legal bull*rap. You do not give up your right not to be searched even if you read the sign and then enter the store. They may
request a search as you leave, which you may simply decline. At that point, they have the right to choose not to allow you to ever enter the store again, but they
may not forcibly search you or your bags. If (and only if!) they have witnessed you shoplift something (and refusal to be searched is not just cause in this scenario), they may detain you forcibly until the police arrive to sort it out.
* As mentioned above, there is a gray area. If you are a member of a "shopper's club" like Costco, Sam's Club or BJ's, a condition of becoming a member there is that you agree to allow store employees to compare your receipt to the contents of your bag when you sign up for the membership. It's in the fine print of the agreement. Now this is really a gray area, as there are legal challenges to the idea that one can give up a basic civil right by signing a document that includes such a provision in the fine print. Generally speaking, one must prove that the person who gave up such a right did so knowingly. That's why the police must recite the Miranda rights to those they arrest out loud, and ask the person if they understand those rights (such as the right to remain silent). In this way, they know that the person (who doesn't remain silent, for example) was aware that by talking about something, they have given up the right to remain silent. Discount shopping clubs would be on stronger legal ground if they verbally explained their policy of requiring a bag/receipt check to each and every person that signed up, rather than assuming they read it in the fine print prior to signing on the line.
Still, it's not an irrelevant distinction.
Walmart, Target,
Best Buy and Circuit City can request your receipt and to examine your bag, but have little or no legal recourse if you refuse. The membership clubs do have some recourse, though what they actually can do is questionable. The obvious right they have is to reject your membership; searching you is still a shaky premise, though certainly they're on stronger ground than the non-membership stores.
Is it difficult to show your receipt? No. Many people will do it and don't consider it a hassle at all. But you have every right to decline the search at non-membership stores.
David