North Dakota Code 12.1-23-14 – Detention of persons suspected of unlawful use or removal of theft detection devices – Reasonable cause
1. The activation of an antishoplifting or inventory control device as a result of a person exiting the establishment or a protected area within the establishment constitutes reasonable cause for the detention of the person exiting by the owner or operator of the establishment or by an agent or employee of the owner or operator, provided sufficient notice has been posted to advise the patrons that the device is being utilized. Each detention must be made in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the device or for the recovery of goods.
Terms Used In North Dakota Code 12.1-23-14
- Arrest: Taking physical custody of a person by lawful authority.
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
2. If the taking into custody and detention of the person by a law enforcement officer, security officer, merchant, or merchant’s employee is done in compliance with the requirements of this section, the law enforcement officer, security officer, merchant, or merchant’s employee may not be held criminally or civilly liable, including any liability for false arrest, false imprisonment, unlawful detention, malicious prosecution, intentional infliction of emotional distress, or defamation.