433.236 Detention and arrest of shoplifting suspect -- Immunity from criminal

389 words·~2 min read·/ky/433-236

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

liability.

(1)A peace officer, security agent of a mercantile establishment, merchant, or

merchant's employee who has probable cause to believe that goods held for sale by

the merchant have been unlawfully taken by a person may take the person into

custody and detain him or her 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 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 or her

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 or her; or

(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 or her detention, in addition to surrendering the

minor to the custody of a peace officer.

(2)Any person exercising any authority granted in subsection

(1)of this section may

use a reasonable amount of force necessary to protect himself or herself and to

prevent the escape of the person detained or the loss of goods for sale. Except as

provided in KRS Chapter 503, deadly force shall not be justified solely to protect

property.

(3)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

of this section to detain such person for peace officers or otherwise accomplish the

purposes of subsection

(1)of this section.

(4)Any person enumerated in subsection

(1)of this section shall be immune from

criminal liability and shall only be subject to civil liability for failing to exercise

reasonable care for any authority granted under this section.

(5)Any peace officer may arrest without warrant any person he or she has probable

cause to believe has committed larceny in retail or wholesale establishments.