Download as PDF
433.236 Detention and arrest of shoplifting suspect.
(1)
(2)
(3)
A peace officer, security agent of a mercantile establishment, merchant or
merchant's employee who has probable cause for believing that goods held for sale
by the merchant have been unlawfully taken by a person may take the person into
custody and detain him in a reasonable manner for a reasonable length of time, on
the premises of the mercantile establishment or off the premises of the mercantile
establishment, if the persons enumerated in this section are in fresh pursuit, for any
or all of the following purposes:
(a) To request identification;
(b) To verify such identification;
(c) To make reasonable inquiry as to whether such person has in his possession
unpurchased merchandise, and to make reasonable investigation of the
ownership of such merchandise;
(d) To recover or attempt to recover goods taken from the mercantile
establishment by such person, or by others accompanying him;
(e) To inform a peace officer or law enforcement agency of the detention of the
person and to surrender the person to the custody of a peace officer, and in the
case of a minor, to inform the parents, guardian, or other person having
custody of that minor of his detention, in addition to surrendering the minor to
the custody of a peace officer.
The recovery of goods taken from the mercantile establishment by the person
detained or by others shall not limit the right of the persons named in subsection (1)
of this section to detain such person for peace officers or otherwise accomplish the
purposes of subsection (1).
Any peace officer may arrest without warrant any person he has probable cause for
believing has committed larceny in retail or wholesale establishments.
Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 75, sec. 1, effective June 17, 1978. -- Amended
1968 Ky. Acts ch. 49, sec. 2. -- Created 1958 Ky. Acts ch. 11, sec. 2.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
