Lawful detention.

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  • (1)
    • (a) To inform a peace officer of a suspected violation and subject to the requirements of Subsection (1)(c), a person described in Subsection (1)(b) may:
      • (i) detain a person; and
      • (ii) hold any form of identification presented by the person.
    • (b) The following may take an action described in Subsection (1)(a):
      • (i) a state store employee;
      • (ii) a package agent;
      • (iii) a licensee or permittee;
      • (iv) a beer retailer; or
      • (v) staff of a person described in Subsections (1)(b)(ii) through (iv).
    • (c) A person described in Subsection (1)(b) may take an action described in Subsection (1)(a) only:
      • (i) if that person has reason to believe that the person against whom the action is taken is:
        • (A) in a facility where liquor or beer is sold; and
        • (B) in violation of Section 32B-4-409, 32B-4-412, or 32B-4-413;
      • (ii) in a reasonable manner; and
      • (iii) for a reasonable length of time.
  • (2) Unless the detention is unreasonable under all circumstances, the detention or failure to detain does not create criminal or civil liability for:
    • (a) false arrest;
    • (b) false imprisonment;
    • (c) slander; or
    • (d) unlawful detention.




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