Reply #358: I've never claimed that this is a Fourth Amendment issue.

[mhatrw]

As I've stated clearly, the issue is false imprisonment. False imprisonment means detaining an innocent person against his will.

A store cannot detain a customer against his will unless the store has probable cause to suspect shoplifting. The mere refusal to submit to a receipt/bag inspection does not constitute probable cause. Nor does unwarranted suspicion (as in "we just thought he was guilty") constitute probable cause. The standard for probable cause for suspecting shoplifting is perceiving the customer doing something that looks like shoplifting.

http://www.crimedoctor.com/shopliftingPC.htm

Probable Cause Steps

To establish a solid base for probable cause, and prevent false arrest claims, there are six universally accepted steps that a merchant should be follow before detaining someone suspected of shoplifting:

1. You must see the shoplifter approach your merchandise
2. You must see the shoplifter select your merchandise
3. You must see the shoplifter conceal, carry away or convert your merchandise
4. You must maintain continuous observation the shoplifter
5. You must see the shoplifter fail to pay for the merchandise
6. You must approach the shoplifter outside of the store

Does that sound ANYTHING like simply refusing to submit to a receipt/bag inspection to you?

This issue is perfectly cut and dried legally. Is there anything about it that you still don't understand?