strange home button behavior

For some reason, I'm having some weird issues with my home button. It takes two or three clicks of the home button to bring up the lock screen. sometimes, when I click the home button once, the multitasking bar comes up. And if i double click, the app goes to the home screen. It's very erratic and unpredictable when it malfunctions. however, i'm not sure how i would approach apple with this, since what if i were to show them that it malfunctions sometimes, but at the time when i show it to them, it works fine. anyone else have these issues?

oh and btw this is on the newest ipod touch (32GB)