2007 Minnesota Statutes

629.366 THEFT IN BUSINESS ESTABLISHMENTS; DETAINING SUSPECTS.
    Subdivision 1. Circumstances justifying detention. (a) A merchant or merchant's employee
may detain a person if the merchant or employee has reasonable cause to believe:
(1) that the person has taken, or is taking, an article of value without paying for it, from the
possession of the merchant in the merchant's place of business or from a vehicle or premises
under the merchant's control;
(2) that the taking is done with the intent to wrongfully deprive the merchant of the property
or the use or benefit of it; or
(3) that the taking is done with the intent to appropriate the use of the property to the taker
or any other person.
(b) Subject to the limitations in paragraph (a), a merchant or merchant's employee may detain
a person for any of the following purposes:
(1) to require the person to provide identification or verify identification;
(2) to inquire as to whether the person possesses unpurchased merchandise taken from the
merchant and, if so, to receive the merchandise;
(3) to inform a peace officer; or
(4) to institute criminal proceedings against the person.
(c) The person detained shall be informed promptly of the purpose of the detention and may
not be subjected to unnecessary or unreasonable force, nor to interrogation against the person's
will. A merchant or merchant's employee may not detain a person for more than one hour unless:
(1) the merchant or employee is waiting to surrender the person to a peace officer, in which
case the person may be detained until a peace officer has accepted custody of or released the
person; or
(2) the person is a minor, or claims to be, and the merchant or employee is waiting to
surrender the minor to a peace officer or the minor's parent, guardian, or custodian, in which case
the minor may be detained until the peace officer, parent, guardian, or custodian has accepted
custody of the minor.
(d) If at any time the person detained requests that a peace officer be summoned, the
merchant or merchant's employee must notify a peace officer immediately.
    Subd. 2. Arrest. Upon a charge being made by a merchant or merchant's employee, a peace
officer may arrest a person without a warrant, if the officer has reasonable cause for believing that
the person has committed or attempted to commit the offense described in subdivision 1.
    Subd. 3. Immunity. No merchant, merchant's employee, or peace officer is criminally or
civilly liable for any action authorized under subdivision 1 or 2 if the arresting person's action is
based upon reasonable cause.
History: 1957 c 805 s 2; 1985 c 265 art 10 s 1; 1986 c 405 s 1,2; 1986 c 444