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ARKANSAS STATUTES AND CODES

§ 5-36-116 - Shoplifting.

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5-36-116.Shoplifting.(a)(1)Aperson engaging in conduct giving rise to a presumption under 5-36-102(c) may be detained in a reasonable manner and for a reasonablelength of time by a law enforcement officer, merchant, or merchant'semployee in order that recovery of a good may be effected.(2)Thedetention by a law enforcement officer, merchant, or merchant'semployee does not render the law enforcement officer, merchant, ormerchant's employee criminally or civilly liable for false arrest, falseimprisonment, or unlawful detention.(b)(1)Ifsufficient notice has been posted to advise patrons that anantishoplifting or inventory control device is being utilized, theactivation of an antishoplifting or inventory control device as a resultof a person's exiting an establishment or a protected area within theestablishment constitutes reasonable cause for the detention of theperson so exiting by the owner or operator of the establishment or by anagent or employee of the owner or operator.(2)Anydetention under subdivision (b)(1) of this section shall be made onlyin a reasonable manner and only for a reasonable period of timesufficient for any inquiry into the circumstances surrounding theactivation of the antishoplifting or inventory control device or for therecovery of a good.(3)Adetention under subdivision (b)(1) of this section by a law enforcementofficer, merchant, or merchant's employee does not render the lawenforcement officer, merchant, or merchant's employee criminally orcivilly liable for false arrest, false imprisonment, or unlawfuldetention.(c)As used in thissection, "antishoplifting or inventory control device" means a mechanismor other device designed and operated for the purpose of detecting theremoval from a mercantile establishment or similar enclosure or from aprotected area within a mercantile establishment or similar enclosure.(d)(1)Uponprobable cause for believing a suspect has committed the offense ofshoplifting, a law enforcement officer may arrest the person without awarrant.(2)The law enforcementofficer, merchant, or merchant's employee who has observed the personaccused of committing the offense of shoplifting shall provide a writtenstatement that serves as probable cause to justify the arrest.(3)Theaccused person shall be brought immediately before a magistrate andafforded an opportunity to make a bond or recognizance as in othercriminal cases.
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  • 5-36-116. Shoplifting.

    (a) (1) A person engaging in conduct giving rise to a presumption under 5-36-102(c) may be detained in a reasonable manner and for a reasonable length of time by a law enforcement officer, merchant, or merchant's employee in order that recovery of a good may be effected.

    (2) The detention by a law enforcement officer, merchant, or merchant's employee does not render the law enforcement officer, merchant, or merchant's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

    (b) (1) If sufficient notice has been posted to advise patrons that an antishoplifting or inventory control device is being utilized, the activation of an antishoplifting or inventory control device as a result of a person's exiting an establishment or a protected area within the establishment constitutes reasonable cause for the detention of the person so exiting by the owner or operator of the establishment or by an agent or employee of the owner or operator.

    (2) Any detention under subdivision (b)(1) of this section shall be made only in a reasonable manner and only for a reasonable period of time sufficient for any inquiry into the circumstances surrounding the activation of the antishoplifting or inventory control device or for the recovery of a good.

    (3) A detention under subdivision (b)(1) of this section by a law enforcement officer, merchant, or merchant's employee does not render the law enforcement officer, merchant, or merchant's employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.

    (c) As used in this section, "antishoplifting or inventory control device" means a mechanism or other device designed and operated for the purpose of detecting the removal from a mercantile establishment or similar enclosure or from a protected area within a mercantile establishment or similar enclosure.

    (d) (1) Upon probable cause for believing a suspect has committed the offense of shoplifting, a law enforcement officer may arrest the person without a warrant.

    (2) The law enforcement officer, merchant, or merchant's employee who has observed the person accused of committing the offense of shoplifting shall provide a written statement that serves as probable cause to justify the arrest.

    (3) The accused person shall be brought immediately before a magistrate and afforded an opportunity to make a bond or recognizance as in other criminal cases.

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