§ 5-36-405 — Detention upon activation of antishoplifting or inventory control device

(a) If sufficient notice has been posted to advise patrons that an antishoplifting or inventory control device is being utilized, the activation of an antishoplifting or inventory control device as a result of a person's exiting an establishment or a protected area within the establishment is a reasonable cause for the detention of the person exiting by the owner or operator of the establishment or by an agent or employee of the owner or operator. (b) Any detention shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the antishoplifting or inventory control device or for the recovery of a good. (c) The taking of a person into custody and detention by a law enforcement officer, merchant, or merchant's employee, in compliance with this section, does not render the law enforcement officer, merchant, or merchant's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

Legislative History

Acts 2001, No. 1194, § 5.