32B-4-209. Lawful detention.

201 words·~1 min read·/ut/title-32b/chapter-4/32b-4-209

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

(a)To inform a peace officer of a suspected violation and subject to the requirements of Subsection (1)(c) , a person described in Subsection (1)(b) may:

(i)detain a person; and

(ii)hold any form of identification presented by the person.

(b)The following may take an action described in Subsection (1)(a) :

(i)a state store employee;

(ii)a package agent;

(iii)a licensee or permittee;

(iv)a beer retailer; or

(v)staff of a person described in Subsections (1)(b)(ii) through

(iv).

(c)A person described in Subsection (1)(b) may take an action described in Subsection (1)(a) only:

(i)if that person has reason to believe that the person against whom the action is taken is:

(A)in a facility where liquor or beer is sold; and

(B)in violation of Section 32B-4-409 , 32B-4-412 , or 32B-4-413 ;

(ii)in a reasonable manner; and

(iii)for a reasonable length of time.

(2)Unless the detention is unreasonable under all circumstances, the detention or failure to detain does not create criminal or civil liability for:

(a)false arrest;

(b)false imprisonment;

(c)slander; or

(d)unlawful detention.

Enacted by Chapter 276 , 2010 General Session