There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 22-30A-19.2 — Detention of suspected shoplifter--Reasonableness--Grounds.
22-30A-19.2. Detention of suspected shoplifter--Reasonableness--Grounds. Any owner or seller of merchandise, who has reasonable grounds to believe that a person has committed retail theft pursuant to § 22-30A-19.1, may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time:
(1) To request identification;
(2) To verify such
identification;
(3) To make reasonable inquiry as to
whether such person has in his or her possession unpurchased
merchandise and, to make reasonable investigation of the ownership
of such merchandise;
(4) To inform a law enforcement officer of
the detention of the person and surrender that person to the
custody of a law enforcement officer; and
(5) In the case of a minor, to inform a
law enforcement officer, a parent, guardian, or other private
person interested in the welfare of the detained minor and to
surrender custody of the minor to such person.
An owner or
seller of merchandise may make a detention as permitted in this
section off the premises of a retail mercantile establishment only
if such detention is pursuant to the immediate pursuit of such
person.
Source: SL 1989, ch 199, § 2; SL 2005, ch 120, § 73.
Disclaimer: These codes may not be the most recent version. South Dakota 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.
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