Comment by criddell
In the end though, unless they stop you and find the merchandise or have you on video with the stuff outside of the store, there's no proof you stole anything. It's circumstantial which is relatively weak.
Plus, Walmart doesn't prosecute anybody. They hand the evidence over to the police and the the district attorney decides if they want to prosecute. Walmart can file a civil suit which I'm wondering if that's what they actually do. There (as I understand it), they only have to show that you likely stole something vs a criminal case where they have to show beyond reasonable doubt that you stole something. It's a much lower bar.
In that sense you're correct.
What Walmart can and does you at the time they file with the state is trespass you. Which counts for all Walmart stores and properties. That's where things like facial identification probably come back in so your caught the moment you walk in a store.
Trespass is very easy to prove.