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.
1957 c 805 s 2; 1985 c 265 art 10 s 1; 1986 c 405 s 1,2; 1986 c 444
Structure Minnesota Statutes
Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications
Chapter 629 — Extradition, Detainers, Arrest, Bail
Section 629.02 — Duties Of Governor In Extradition Matters.
Section 629.03 — Demand In Writing.
Section 629.04 — Attorney General To Investigate.
Section 629.05 — Extradition By Agreement.
Section 629.06 — Extradition Of Persons Committing Crime.
Section 629.07 — Warrant Of Arrest.
Section 629.08 — Accused Turned Over To Demanding State.
Section 629.09 — Powers Of Officer.
Section 629.10 — Accused Taken Before Court.
Section 629.11 — Violation; Gross Misdemeanor.
Section 629.12 — Accused May Be Confined In Jail.
Section 629.13 — Who May Be Apprehended.
Section 629.14 — Arrest Without Warrant.
Section 629.15 — Court May Commit To Jail.
Section 629.16 — Admit To Bail.
Section 629.18 — Bond Forfeited.
Section 629.19 — Prisoner Held Or Surrendered.
Section 629.20 — Guilt Or Innocence Not Inquired Into.
Section 629.21 — Recall Of Warrant.
Section 629.22 — Warrant For Parolees Or Probationers.
Section 629.23 — Prosecuting Attorney; Written Application.
Section 629.24 — Civil Process Not To Be Served.
Section 629.25 — Trial For Other Crimes.
Section 629.27 — Governor May Appoint Agent.
Section 629.28 — Powers Of Officers.
Section 629.29 — Citation, Uniform Criminal Extradition Act.
Section 629.291 — Transfer Of State Inmates To Federal District Court.
Section 629.292 — Uniform Mandatory Disposition Of Detainers Act.
Section 629.294 — Interstate Agreement On Detainers.
Section 629.30 — Arrests; By Whom Made; Aiding Officer.
Section 629.31 — Time When Arrest May Be Made.
Section 629.32 — Minimum Restraint Allowed For Arrest; Warrant Shown Upon Request.
Section 629.33 — When Force May Be Used To Make Arrest.
Section 629.34 — When Arrest May Be Made Without Warrant.
Section 629.341 — Allowing Probable Cause Arrests For Domestic Violence; Immunity From Liability.
Section 629.342 — Law Enforcement Policies; Domestic Abuse Arrests.
Section 629.343 — Probable Cause Arrests; Offenses On School Property.
Section 629.35 — Arrest At Night; When Permissible.
Section 629.355 — Peace Officer Authority To Detain Person On Conditional Release.
Section 629.36 — Permitting Bystander To Deliver Arrested Person To Peace Officer.
Section 629.361 — Peace Officers Responsible For Custody Of Stolen Property.
Section 629.362 — Recaptured Escaped Inmate; Term Of Imprisonment.
Section 629.363 — Railway Conductor; Authority To Arrest.
Section 629.364 — Arrests For Swindling.
Section 629.365 — Definitions.
Section 629.366 — Theft In Business Establishments; Detaining Suspects.
Section 629.37 — When Private Person May Make Arrest.
Section 629.38 — Private Person To Disclose Cause Of Arrest.
Section 629.39 — Private Person Making Arrest To Deliver Arrestee To Judge Or Peace Officer.
Section 629.40 — Allowing Arrests Anywhere In State.
Section 629.401 — Delaying To Take Prisoner Before Judge.
Section 629.402 — Arrest Without Authority.
Section 629.403 — Refusal To Aid In Making Arrest.
Section 629.404 — Counties Or Municipalities Causing Arrest; Requiring Return Transportation.
Section 629.406 — Maintenance Of Booking Recordings.
Section 629.41 — Judges To Issue Process For Arrest.
Section 629.415 — Proceedings On Summons To Appear.
Section 629.45 — Proceedings In Case Of Bail Refusal.
Section 629.47 — Hearing Or Trial Adjourned; Recognizance Allowed.
Section 629.471 — Maximum Bail On Misdemeanors; Gross Misdemeanors.
Section 629.48 — Proceedings On Failure To Appear According To Bond.
Section 629.49 — When Person Fails To Recognize Apprehension Required.
Section 629.53 — Providing Release On Bail; Commitment.
Section 629.531 — Electronic Monitoring As Condition Of Pretrial Release.
Section 629.54 — Witness To Recognize.
Section 629.55 — Committal Of Witnesses Who Refuse To Recognize.
Section 629.58 — Proceedings Required When Person Under Bond Defaults; Paying Bond To Court.
Section 629.59 — Court To Forgive Bond Forfeiture Penalty.
Section 629.60 — Actions To Recover Under Recognizance Even If Technical Noncompliance.
Section 629.61 — Arrest Of Defaulter.
Section 629.62 — Application For Bail; Justification.
Section 629.63 — Surety Arrest Of Defendant.
Section 629.64 — Judge May Impose New Conditions Of Release On Defendant Who Violated Release.
Section 629.65 — Sheriff Fees.
Section 629.67 — Sureties On Bond, Recognizance, Or Undertaking; Affidavits Required.
Section 629.68 — Prohibiting Sureties To Make False Statements In Affidavits; Penalty.
Section 629.70 — Authorized Corporate Bonds And Recognizances.
Section 629.715 — Release In Cases Involving Crimes Against Persons; Surrender Of Firearms.
Section 629.725 — Notice To Victim Regarding Bail Hearing Of Arrested Or Detained Person.
Section 629.73 — Notice To Crime Victim; Release Of Arrested Or Detained Person.
Section 629.735 — Notice To Local Law Enforcement Agency; Release Of Arrested Or Detained Person.