Powers to ArrestQuestion 18 of 200
Under §490.5(f), a detention under the shopkeeper's privilege must be:
a.For up to 24 hours, regardless of circumstances
b.Reasonable in manner and time — generally only that needed to investigate ownership of the merchandise and await a peace officer
c.Accompanied by mandatory handcuffing in every case
d.Conducted in the store parking lot, never inside the store
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)Practice all 200 questions free — no signup required.
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