Re-read my post #114 and read my post #116 for detail....
It outlines a general case on state law and the general premis...noting it varies by state...
Not producing a receipt or refusal to search your bags has never viewed by the courts as reasonable suspicion....
Having reviewed case law in this area, I’m quite familiar.
You still haven’t made a point yet but at minimum you appear to understand some of the basic limitations of what the store can and cannot do during a security check.
The unwarranted search at the door is voluntary, not mandatory. They ask, and the majority comply without question.
You appear to fall into that group; then once I challenge your belief, become defensive.
If you refuse to the search, are you arrested? Detained? Have your ID checked? Not without cause and refusing to let them search your bag is not cause.
We don’t extend that kind of authority to real Law Enforcement.
Get pulled over for a traffic ticket, the cop may ask you if he can search the car, you have the right to say no and unless he arrests you for cause or obtains a warrant (varies by state) your car won’t be searched.
These same rights extend to you person (lots of case law here) albiet the Supremes and lower courts allow certain search after arrest for the protection of the officer.
Don’t forget, LEOs have legal protection from being sued individually for their action (limitations apply). This does not extend to store personel nor the store.
For their protection, as you correctly stated, they must directly observe the theft. If they don’t but have a highly suspicious individual, they will employ a variety of techniques to cause them to drop and run. Equally useful, they may confront the “shopper” and question them (but not detain them). Many of “shoppers” will give up when confronted.....some just run...
But in the end, it is your “right” to refuse a search of you or your possessions without a legally obtained warrant executed by a certified LEO. The store has no legal standing in this area, only voluntary compliance by it’s shoppers....
they can, and will, detain you until a drug sniffing dog arrives and if the dog "hits" you will be subject to the search whether or not you approve