OUJI-CIV No. 16.4

MERCHANT'S REASONABLE GROUNDS OR PROBABLE CAUSE DEFENSE TO

MALICIOUS PROSECUTION/FALSE IMPRISONMENT

Any merchant, [his/her/its] agent or employee, who has reasonable grounds or

probable cause to believe that a person has committed or is committing a wrongful taking

of merchandise or money from a mercantile es tablishment, may detain such person in a

reasonable manner for a reasonable length of time for all or any of the following

purposes:

a. Conducting an investigation, including reasonable interrogation of the

detained person, as to whether there has been a wrongful taking of such

merchandise or money;

b. Informing the police or other law enforcement officials of the facts

relevant to such detention;

c. Performing a reasonable search of the detained person and [his/her]

belongings when it appears that the merc handise or money may otherwise

be lost; and

d. Recovering the merchandise or money believed to have been taken

wrongfully.

Any such reasonable detention shall not constitute an unlawful arrest or detention,

nor shall it render the merchant, [his/her/its] agent or employee, criminally or civilly

liable to the person so detained.