North Dakota § 12.1-23-14 Detention of persons suspected of unlawful use or removal of theft detection devices - Reasonable cause

North Dakota Statutes

§ 12.1-23-14 — Detention of persons suspected of unlawful use or removal of theft detection devices - Reasonable cause

North Dakota § 12.1-23-14

Title 12.1Criminal Code

Ch. 12.1-23Theft and Related Offenses

This text of North Dakota § 12.1-23-14 (Detention of persons suspected of unlawful use or removal of theft detection devices - Reasonable cause) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 12.1-23-14 (2026).

Text

detection devices - Reasonable cause.

1.The activation of an antishoplifting or inventory control device as a result of a person exiting the establishment or a protected area within the establishment constitutes 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, provided sufficient notice has been posted to advise the patrons that the device is being utilized. Each detention must be made in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the device or for the recovery of goods.

2.If the taking into custody and detention of the person by a law enforcement officer, security officer, merchant, or

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detection devices - Reasonable cause.
1. The activation of an antishoplifting or inventory control device as a result of a person
exiting the establishment or a protected area within the establishment constitutes
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, provided
sufficient notice has been posted to advise the patrons that the device is being utilized.
Each detention must be made in a reasonable manner and only for a reasonable
period of time sufficient for any inquiry into the circumstances surrounding the
activation of the device or for the recovery of goods.
2. If the taking into custody and detention of the person by a law enforcement officer,
security officer, merchant, or merchant's employee is done in compliance with the
requirements of this section, the law enforcement officer, security officer, merchant, or
merchant's employee may not be held criminally or civilly liable, including any liability

for false arrest, false imprisonment, unlawful detention, malicious prosecution,
intentional infliction of emotional distress, or defamation.