Police blotter: Upset eBay buyer makes house call

"Police blotter" is a weekly report on the intersection of technology and the law. This episode: an eBay deal goes awry.

What: Dispute over quality of Pfaltzgraff Heritage tumblers that were purchased on eBay.

When: Arrest made September 2001, case decided July 20, 2005.

Outcome: After being arrested on charges of stalking an eBay seller, Jay Howard Rothhaupt sued. He largely (but not entirely) lost before the U.S. Court of Appeals for the 6th Circuit.

What happened: When Rothhaupt bought a set of Pfaltzgraff Heritage tumblers on eBay for $59, he was unhappy with the quality. Even after eBay sellers Seldon and Phyllis Scott offered a full refund plus return shipping costs, Rothhaupt remained irked.

Pfaltzgraff Heritage glasses
similar to the one pictured
here were the source of a
dispute that led to the arrest
of Jay Howard Rothhaupt.

After sending a string of nasty e-mail messages alleging fraud, Rothhaupt apparently thought he could secure a better response by showing up in person. So he drove from Pennsylvania to Kentucky, showed up at the Scotts' home and demanded $100.

It's not clear what happened next. The Scotts claimed that Rothhaupt refused to leave and they called the police (Seldon Scott is a special deputy with the county sheriff's department). Rothhaupt said he left the property when requested.

Seldon Scott followed Rothhaupt in his own car. Not long after, Rothhaupt was pulled over on interstate 71 by police and frisked. After acknowledging he had a rifle in the back of his car that he said was used for target shooting, Rothhaupt was arrested on charges of second-degree stalking, harassing communications, theft by deception, and third-degree criminal trespass. He was tried on two of the four charges and acquitted by a jury.

In response, Rothhaupt sued in federal court alleging his constitutional rights had been violated. The three-judge panel ruled in favor of the Scotts and the sheriff's department on all grounds but one, saying that the only claim that might have merit is that Rothhaupt was wrongfully arrested.

Quote: "We disagree with the district court on the propriety of the arrest, because (the deputy) lacked probable cause. Under the Fourth Amendment, an officer 'may not seize an individual except after establishing probable cause that the individual has committed, or is about to commit, a crime.'" --from the court opinion

Wow

The guy got a full refund, so what was his problem. Wierdo.

Wow

The guy got a full refund, so what was his problem. Wierdo.

Brainiac bad at math

Let me do the math here. He doesn't want his $59 + shipping back, but he'll drive 200+ miles each way (and it could be twice that) to ask for $100? That's a minumim $30 (400mi/30mpg/$2.25/gal) in fuel alone and six hours of travel, and at minumim wage (what is it? $6.50 or so?) that's another $36. Since he has more time than money let's say we count just his fuel. $100 - $30 = $70. Does it make sense to drive six (or is it 12, we don't know) to make a $70 (or is it $40?) profit? Now if he used sick or vaction time to drive out there then he's really in the red!

I'll go on a limb and guess he's not so good with numbers...

[R. U. Sirius]

I'll go further

The buyer is a moron. The seller offered a full refund. What more could you ask for?

[zeroplane]

He isn't bad at math, he is jobless and insain

Oh please, I have been duped out of $80.00 dollars on eBay. I learned to be more cautious and research from who I'm bidding at before bidding. Especially if I'm bidding on items over $100.00. If you don't have a phone conversation with the seller and confirm their phone number and address then you are asking for trouble. For something over $1000.00 I would do a history check on the seller and demand their SSN. Then hire a gum shoe to shadow them for a month before bidding.

If that doesn't work, go steal money from the kid's piggy bank and swindle some extra cash from the elderly neighbors to cover your losses.

It is simple math we are talk'en about here.

Geesh. ;P

Brainiac bad at math

Let me do the math here. He doesn't want his $59 + shipping back, but he'll drive 200+ miles each way (and it could be twice that) to ask for $100? That's a minumim $30 (400mi/30mpg/$2.25/gal) in fuel alone and six hours of travel, and at minumim wage (what is it? $6.50 or so?) that's another $36. Since he has more time than money let's say we count just his fuel. $100 - $30 = $70. Does it make sense to drive six (or is it 12, we don't know) to make a $70 (or is it $40?) profit? Now if he used sick or vaction time to drive out there then he's really in the red!

I'll go on a limb and guess he's not so good with numbers...

[R. U. Sirius]

I'll go further

The buyer is a moron. The seller offered a full refund. What more could you ask for?

[zeroplane]

He isn't bad at math, he is jobless and insain

Oh please, I have been duped out of $80.00 dollars on eBay. I learned to be more cautious and research from who I'm bidding at before bidding. Especially if I'm bidding on items over $100.00. If you don't have a phone conversation with the seller and confirm their phone number and address then you are asking for trouble. For something over $1000.00 I would do a history check on the seller and demand their SSN. Then hire a gum shoe to shadow them for a month before bidding.

If that doesn't work, go steal money from the kid's piggy bank and swindle some extra cash from the elderly neighbors to cover your losses.

It is simple math we are talk'en about here.

Geesh. ;P

[j3st3r]

Lesson Time

Every is vaguely familiar with Caveat emptor - Let the buyer beware. On the flip side, Caveat venditor - Let the seller beware. Especially important when the buyer happens to be an idiot who has a map, a rifle and too much time on his hands!

[j3st3r]

Lesson Time

Every is vaguely familiar with Caveat emptor - Let the buyer beware. On the flip side, Caveat venditor - Let the seller beware. Especially important when the buyer happens to be an idiot who has a map, a rifle and too much time on his hands!