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Code · South Dakota · Title 22 · Chapter 22-30

22-30A-19.2. Detention of suspected shoplifter--Reasonableness--Grounds.

187 words·~1 min read·/sd/title-22/chapter-22-30/22-30a-19-2·

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

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.
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