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

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

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.

Source: SL 1989, ch 199, § 2; SL 2005, ch 120, § 73.