76-6-603 - Detention of suspected violator by merchant -- Purposes.
76-6-603. Detention of suspected violator by merchant -- Purposes.
(1) Any merchant who has probable cause to believe that a person has committed retailtheft may detain such person, on or off the premises of a retail mercantile establishment, in areasonable 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 possessionunpurchased merchandise and to make reasonable investigation of the ownership of suchmerchandise;
(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 anymerchandise such individual may have removed, or which the merchant has reason to believe hemay have removed, from its place of display or elsewhere, whether for examination, purchase, orfor any other reasonable purpose;
(e) to inform a peace officer of the detention of the person and surrender that person tothe custody of a peace officer;
(f) in the case of a minor, to inform a peace officer, the parents, guardian, or other privateperson interested in the welfare of that minor immediately, if possible, of this detention and tosurrender custody of such minor to such person.
(2) A merchant may make a detention as permitted herein off the premises of a retailmercantile establishment only if such detention is pursuant to an immediate pursuit of suchperson.
Amended by Chapter 306, 2007 General Session