§61-3A-4. Shoplifting constitutes breach of peace; detention.
An act of shoplifting as defined herein, is hereby declared to
constitute a breach of peace and any owner of merchandise, his
agent or employee, or any law-enforcement officer who has
reasonable ground to believe that a person has committed
shoplifting, may detain such person in a reasonable manner and for
a reasonable length of time not to exceed thirty minutes, for the
purpose of investigating whether or not such person has committed
or attempted to commit shoplifting. Such reasonable detention
shall not constitute an arrest nor shall it render the owner of
merchandise, his agent or employee, liable to the person detained.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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