2006 Code of Virginia § 8.01-226.9 - Exemption from civil liability in connection with arrest or detention of person suspected of shopli...

8.01-226.9. Exemption from civil liability in connection with arrest ordetention of person suspected of shoplifting.

A merchant, agent or employee of the merchant, who causes the arrest ordetention of any person pursuant to the provisions of 18.2-95, 18.2-96 or 18.2-103, shall not be held civilly liable for unlawful detention, if suchdetention does not exceed one hour, slander, malicious prosecution, falseimprisonment, false arrest, or assault and battery of the person so arrestedor detained, whether such arrest or detention takes place on the premises ofthe merchant, or after close pursuit from such premises by such merchant, hisagent or employee, provided that, in causing the arrest or detention of suchperson, the merchant, agent or employee of the merchant, had at the time ofsuch arrest or detention probable cause to believe that the person hadshoplifted or committed willful concealment of goods or merchandise. Theactivation of an electronic article surveillance device as a result of aperson exiting the premises or an area within the premises of a merchantwhere an electronic article surveillance device is located shall constituteprobable cause for the detention of such person by such merchant, his agentor employee, provided such person is detained only in a reasonable manner andonly for such time as is necessary for an inquiry into the circumstancessurrounding the activation of the device, and provided that clear and visiblenotice is posted at each exit and location within the premises where such adevice is located indicating the presence of an antishoplifting or inventorycontrol device. For purposes of this section, "electronic articlesurveillance device" means an electronic device designed and operated forthe purpose of detecting the removal from the premises, or a protected areawithin such premises, of specially marked or tagged merchandise.

(Code 1950, 18.1-127; 1960, c. 358; 1975, cc. 14, 15; 1976, c. 515; 1980,c. 149; 1985, c. 275, 18.2-105; 2004, c. 462.)