Powers to ArrestQuestion 18 of 200

Under §490.5(f), a detention under the shopkeeper's privilege must be:

a.Permitted for up to 24 hours regardless of the circumstances, which is the outer limit the Penal Code sets for a merchant's detention
b.Reasonable in manner and time — generally only that needed to investigate ownership of the merchandise and await a peace officer
c.Accompanied by handcuffing in every case, because an unrestrained detainee is presumed to be a flight risk
d.Conducted outside in the parking lot and never inside the store, so that other customers are not exposed to the incident

Explanation

Penal Code §490.5(f)(3) permits detention in a reasonable manner and for a reasonable time to investigate ownership, request that a peace officer take custody, and surrender the person to the officer. Excessive duration, humiliating treatment, or detention beyond reasonable investigative scope creates civil liability. Mandatory handcuffing (c) and location restrictions (d) are not statutory; 24-hour detention (a) is dramatically beyond what is reasonable and would constitute false imprisonment.

Law Reference: Cal. Penal Code §490.5(f)

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