[RANGERAIRBORNE]

You make some excellent points. Let me add one more- the REAL cause of the bulk of "inventory shrinkage" in these big chain stores is EMPLOYEE THEFT! Shoplifting is a problem, but it can be controlled without searching everyone at the door. But what do you do when expensive merchandise gets put into the Dumpster, for an employee's buddies to retrieve later? There are 1001 scams, and blaming the customer seems to be the wrong way to go.

By the way, I never shop at KMART. IF I did, though, I would not assert a Fourth Amendment right not to be searched, because it does not apply to private acts- only acts of the Federal Government. (Although I tink most State Constitutions have a similar clause).

[PatrioticAmerican]

Attempting to forcibly search a person could be assault and unlawful detainment, both felonies in many states.

[Chad Fairbanks]

IF I did, though, I would not assert a Fourth Amendment right not to be searched, because it does not apply to private acts- only acts of the Federal Government.

However, if they detain you and prevent you from leaving, without clear evidence of wrongdoing, it's called False Arrest and/or kidnapping...

[Sam Cree]

"I would not assert a Fourth Amendment right not to be searched, because it does not apply to private acts- only acts of the Federal Government. "

I think I generally agree with you, but I am pretty sure that no private entity has any coercive rights either.

[MarthaNOStewart]

The Bill of Rights ..Fourth Amendment is not just the Federal Government... "secure in their persons"..that's anytime, anywhere!!

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.