Yes, you can. But that is all you can do. You can't take legal action against me unless I refuse to take one of those two options. If I do refuse to shut up or leave, then I am trespassing and you have cause for legal action.
Likewise, if I am told my bag must be searched, I have two options: allow the search, or leave. So long as I am willing to leave the premises, there is no further action that can be taken.
Now, if I am told when I enter the store that I must consent to be searched when I make a purchase, then I give my consent simply by making that purchase. Failing to allow a search at that point means I've violated the conditions of my being there and action can be taken.
Although it gets a little fuzzier in practice, in theory, I have the right to search you without probable cause if you're on my property.
There are laws in place that give merchants the right to search in certain circumstances. The details and scope of the laws vary, but the searches can never be unreasonable because the government can't grant authority it doesn't itself possess.
Fatalist wrote:
There are laws in place that give merchants the right to search in certain circumstances. The details and scope of the laws vary, but the searches can never be unreasonable because the government can't grant authority it doesn't itself possess.
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An excellent example of such a State law is posted here a #64:
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Address:http://www.freerepublic.com/focus/f-news/1570061/replies?c=64
But as you say, the main point everyone here seems to ignore is that neither governments nor individuals have the power to search or detain another person ~ unless ~ that individual can reasonably be seen to be in the process of commiting a criminal act.