Revised Code of Washington - RCW Title 9A Washington Criminal Code - Section 9A.16.080 Action for being detained on mercantile establishment premises for investigation --

§ 9A.16.080. Action for being detained on mercantile establishment premises for investigation -- "Reasonable grounds" as defense

In any criminal action brought by reason of any person having been detained on or in the immediate vicinity of the premises of a mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise, it shall be a defense of such action that the person was detained in a reasonable manner and for not more than a reasonable time to permit such investigation or questioning by a peace officer, by the owner of the mercantile establishment, or by the owner's authorized employee or agent, and that such peace officer, owner, employee, or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit theft or shoplifting on such premises of such merchandise. As used in this section, "reasonable grounds" shall include, but not be limited to, knowledge that a person has concealed possession of unpurchased merchandise of a mercantile establishment, and a "reasonable time" shall mean the time necessary to permit the person detained to make a statement or to refuse to make a statement, and the time necessary to examine employees and records of the mercantile establishment relative to the ownership of the merchandise.

[1975 1st ex.s. c 260 § 9A.16.080.]

Sections:  Previous  9A.16.010  9A.16.020  9A.16.030  9A.16.040  9A.16.050  9A.16.060  9A.16.070  9A.16.080  9A.16.090  9A.16.100  9A.16.110  9A.16.120  Next

Last modified: April 7, 2009