76-6-603. Detention of suspected violator by merchant -- Purposes.
(1) Any merchant who has probable cause to believe that a person has committed retail
theft may detain such person, on or off the premises of a retail mercantile establishment, in a
reasonable manner and for a reasonable length of time for all or any of the following purposes:
(a) to make reasonable inquiry as to whether such person has in his possession
unpurchased merchandise and to make reasonable investigation of the ownership of such
merchandise;
(b) to request identification;
(c) to verify such identification;
(d) to make a reasonable request of such person to place or keep in full view any
merchandise such individual may have removed, or which the merchant has reason to believe he
may have removed, from its place of display or elsewhere, whether for examination, purchase, or
for any other reasonable purpose;
(e) to inform a peace officer of the detention of the person and surrender that person to
the custody of a peace officer;
(f) in the case of a minor, to inform a peace officer, the parents, guardian, or other private
person interested in the welfare of that minor immediately, if possible, of this detention and to
surrender custody of such minor to such person.
(2) A merchant may make a detention as permitted herein off the premises of a retail
mercantile establishment only if such detention is pursuant to an immediate pursuit of such
person.
Amended by Chapter 306, 2007 General Session
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Last revised: Wednesday, July 23, 2008