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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.
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