32A-12-221 (Repealed 07/01/11) - Lawful detention.
32A-12-221 (Repealed 07/01/11). Lawful detention.
(1) (a) For the purpose of informing a peace officer of a suspected violation and subject tothe requirements of Subsection (1)(c), a person described in Subsection (1)(b) may:
(i) detain a person; and
(ii) hold any form of identification presented by the person.
(b) The following may take an action described in Subsection (1)(a):
(i) a state store employee;
(ii) a package agent;
(iii) a licensee or permittee under this title;
(iv) a beer retailer; or
(v) an employee of a person described in Subsections (1)(b)(i) through (iv).
(c) A person described in Subsection (1)(b) may take an action described in Subsection(1)(a) only:
(i) if that person has reason to believe that the person against whom the action is taken is:
(A) in a facility where liquor or beer is sold; and
(B) in violation of Section 32A-12-209, 32A-12-210, or 32A-12-211; and
(ii) (A) in a reasonable manner; and
(B) for a reasonable length of time.
(2) Unless the detention is unreasonable under all circumstances, the detention or failureto detain does not create criminal or civil liability for:
(a) false arrest;
(b) false imprisonment;
(c) slander; or
(d) unlawful detention.
Amended by Chapter 161, 2002 General Session
Repealed by Chapter 276, 2010 General Session