Title 9 PUBLIC PEACE, MORALS AND WELFARE
Chapter 9.56 SHOPLIFTING
9.56.040 Custody and arrest-Nonliability of officer or merchant for reasonably detaining.
A. If any law enforcement officer, special officer or merchant has
probable cause for believing that a person has wilfully taken possession of any
merchandise with the intention of converting it without paying for it or has
wilfully concealed merchandise, and that he can recover the merchandise by
detaining the person or taking him into custody, the law enforcement officer,
special officer or merchant may, for the purpose of attempting to effect a
recovery of the merchandise, take the person into custody and detain him in a
reasonable manner for a reasonable time. Such taking into custody or detention
shall not subject the officer or merchant to any criminal or civil
liability.
B. Any law enforcement officer may arrest without warrant any
person he has probable cause for believing has committed the crime of
shoplifting. Any merchant who causes such an arrest shall not be criminally or
civilly liable if he has probable cause for believing the person so arrested has
committed the crime of shoplifting. (Ord. 1094-78 §4, 1978).
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