§ 18-4-407 — Questioning of person suspected of theft without liability

If any
person triggers an alarm or a theft detection device as defined in section 18-4-417
(2) or conceals upon his person or otherwise carries away any unpurchased goods,
wares, or merchandise held or owned by any store or mercantile establishment, the
merchant or any employee thereof or any peace officer, acting in good faith and
upon probable cause based upon reasonable grounds therefor, may detain and
question such person, in a reasonable manner for the purpose of ascertaining
whether the person is guilty of theft. Such questioning of a person by a merchant,
merchant's employee, or peace or police officer does not render the merchant,
merchant's employee, or peace officer civilly or criminally liable for slander, false
arrest, false imprisonment, malicious prosecution, or unlawful detention.

Legislative History

Source: L. 71: R&RE, p. 429, � 1. C.R.S. 1963: � 40-4-407. L. 2001: Entire section amended, p. 512, � 1, effective July 1.