South Dakota Law-Can retail stores legally hold a shoplifter under false imprisonment?

South Dakota Law-Can retail stores legally hold a shoplifter under false imprisonment legally until higher authority arrives?





I have looked through our laws but I keep coming up with the same website.





Do any of you know? I did find a really good one on Washington State, but that isn't going to help me if their state laws are different.South Dakota Law-Can retail stores legally hold a shoplifter under false imprisonment?
Yes, a store may detain a shoplifter if the store has reasonable grounds for doing so. The statute you are looking for outlines what is considered reasonable and is reproduced below.





SDCL 搂 22-30A-19.2


Any owner or seller of merchandise, who has reasonable grounds to believe that a person has committed retail theft pursuant to 搂 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.South Dakota Law-Can retail stores legally hold a shoplifter under false imprisonment?
yes they can
i live in south dakota and my friend tried to buy a pack of smokes and they held him until the police arrived but i dunno about shoplifting
Most states allow detention of a shoplifter. My son works for a major retailer doing loss prevention work. He watches w surveillance equipment %26amp; confronts the person as they attempt to leave. Police are called %26amp; handle the case appropriately.
Generally speaking, a security officer or other store employee can hold a suspect to a crime until police arrive. So can you. It's called a citizen's arrest. The degree of restraint allowed probably differs from one jurisdiction to another. And if someone has reason to believe that a crime was committed, then it's not false imprisonment. It's detaining a suspect. False imprisonment is kidnapping without moving the victim.
They can try to detain someone. If that person is determined to get away, they have to decide if they want to get into a fight and a possible brutality charge.





If they can detain someone without excessive phsyical force for a short period of time until the police arrive, I don't think they would be held criminally liable, assuming the person is guilty.
Only if the ';shop-lifter'; is caught in the act. They can even detain the person if the person gets out of the store. --They chase them down and tackle if needed.