That argument sounds really weak and I'm not sure if I buy it.
If the system worked on potentials, we'd all be in jail.
Just because I could "potentially" have committed a crime, does not show probably cause that I did indeed do it.
The only action leading one to believe a crime was committed, is the store's own inability to manage its own system. Their own actions have lead them to believe that I have "potentially" committed a crime, not any of mine.

