                                 CODE OF VIRGINIA

EXEMPTION FROM CIVIL LIABILITY IN CONNECTION WITH ARREST OR DETENTION OF PERSON
SUSPECTED OF SHOPLIFTING (§ 8.01-226.9)

A merchant, agent or employee of the merchant, who causes the arrest or
detention of any person pursuant to the provisions of §§ 18.2-95, 18.2-96 or
§ 18.2-103, shall not be held civilly liable for unlawful detention, if such
detention does not exceed one hour, slander, malicious prosecution, false
imprisonment, false arrest, or assault and battery of the person so arrested or
detained, whether such arrest or detention takes place on the premises of the
merchant, or after close pursuit from such premises by such merchant, his agent
or employee, provided that, in causing the arrest or detention of such person,
the merchant, agent or employee of the merchant, had at the time of such arrest
or detention probable cause to believe that the person had shoplifted or
committed willful concealment of goods or merchandise. The activation of an
electronic article surveillance device as a result of a person exiting the
premises or an area within the premises of a merchant where an electronic
article surveillance device is located shall constitute probable cause for the
detention of such person by such merchant, his agent or employee, provided such
person is detained only in a reasonable manner and only for such time as is
necessary for an inquiry into the circumstances surrounding the activation of
the device, and provided that clear and visible notice is posted at each exit
and location within the premises where such a device is located indicating the
presence of an antishoplifting or inventory control device. For purposes of this
section, &#8220;electronic article surveillance device&#8221; means an
electronic device designed and operated for the purpose of detecting the removal
from the premises, or a protected area within such premises, of specially marked
or tagged merchandise.

HISTORY: Code 1950, § 18.1-127; 1960, c. 358; 1975, cc. 14, 15; 1976, c. 515;
1980, c. 149; 1985, c. 275, § 18.2-105; 2004, c. 462.