§ 2576 -   Detention

§ 2576. Detention

(a) Any merchant who has reasonable cause to believe that a person has committed or attempted to commit retail theft may detain the person on or in the immediate vicinity of the premises of a retail mercantile establishment, affording the person the opportunity to be detained in a place out of public view if available, in a reasonable manner which may include the use of reasonable force and for a reasonable length of time for any of the following purposes:

(1) To request and verify identification;

(2) To make reasonable inquiry as to whether the person has in his or her possession unpurchased merchandise and, if unpurchased, to recover the merchandise;

(3) 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

(4) In the case of a minor, to inform a law enforcement officer, and, if known or determined, the parent or parents, guardian or other person having supervision of the minor of his or her detention and to surrender custody of the minor to the law enforcement officer, parent, guardian or other person.

(b) Any person detained under subdivision (a)(3) or (4) of this section shall, if a telephone is available, have the right to make one local telephone call of reasonable duration. The merchant shall advise the person detained of this right. (Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978.)