§ 32B-4-209 — Lawful detention.

(1) (1)(a) To inform a peace officer of a suspected violation and subject to the requirements of Subsection (1)(c), a person described in Subsection (1)(b) may:
(1)(a)(i) detain a person; and
(1)(a)(ii) hold any form of identification presented by the person.
(1)(b) The following may take an action described in Subsection (1)(a):
(1)(b)(i) a state store employee;
(1)(b)(ii) a package agent;
(1)(b)(iii) a licensee or permittee;
(1)(b)(iv) a beer retailer; or
(1)(b)(v) staff of a person described in Subsections (1)(b)(ii) through (iv).
(1)(c) A person described in Subsection (1)(b) may take an action described in Subsection (1)(a) only:
(1)(c)(i) if that person has reason to believe that the person against whom the action is taken is:

(1)(c)(i)(A) in a facility where liquor or beer is sold; and
(1)(c)(i)(B) in violation of Section 32B-4-409, 32B-4-412, or 32B-4-413;
(1)(c)(ii) in a reasonable manner; and
(1)(c)(iii) for a reasonable length of time.
(2) Unless the detention is unreasonable under all circumstances, the detention or failure to detain does not create criminal or civil liability for:

(2)(a) false arrest;
(2)(b) false imprisonment;
(2)(c) slander; or
(2)(d) unlawful detention.

Legislative History

Enacted by Chapter 276, 2010 General Session