Vermont Statutes Title 13 Sec. 2576
Terms Used In Vermont Statutes Title 13 Sec. 2576
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Merchandise: means any items of tangible personal property displayed, held, stored, or offered for sale. See
- Merchant: means an owner or manager of any retail mercantile establishment, or any person or persons in a supervisory capacity or security officer authorized in writing by the owner or manager to make requests or detentions under this subchapter. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Premises of a retail mercantile establishment: includes the retail mercantile establishment, any common use areas in shopping centers, and all parking areas set aside by a merchant or on behalf of a merchant for the parking of vehicles for the convenience of the patrons of the retail mercantile establishment. See
- Reasonable force: means only that minimum amount of force necessary to detain the person who the merchant has reasonable cause to believe has committed the offense of retail theft. See
§ 2576. Detention
(a) Any merchant who has reasonable cause to believe that a person has committed or attempted to commit retail theft may detain the person on or in the immediate vicinity of the premises of a retail mercantile establishment, affording the person the opportunity to be detained in a place out of public view if available, in a reasonable manner that may include the use of reasonable force and for a reasonable length of time for any of the following purposes:
(1) to request and verify identification;
(2) to make reasonable inquiry as to whether the person has in his or her possession unpurchased merchandise and, if unpurchased, to recover the merchandise;
(3) to inform a law enforcement officer of the detention of the person and surrender that person to the custody of a law enforcement officer; and
(4) in the case of a minor, to inform a law enforcement officer, and, if known or determined, the parent or parents, guardian, or other person having supervision of the minor of his or her detention and to surrender custody of the minor to the law enforcement officer, parent, guardian, or other person.
(b) Any person detained under subdivision (a)(3) or (4) of this section shall, if a telephone is available, have the right to make one local telephone call of reasonable duration. The merchant shall advise the person detained of this right. (Added 1977, No. 227 (Adj. Sess.), § 1, eff. April 17, 1978.)