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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 46. Offenses Against Property
- Section 230. Reasonable Detention as Defense.
previous: Section 220
. Concealment of Merchandise.
next: Section 260
. Removal of Identification Marks.
AS 11.46.230. Reasonable Detention as Defense.
- (a) In a civil or criminal action upon the complaint of a person who has been detained in or in the immediate vicinity of
a commercial establishment for the purpose of investigation or questioning as to the ownership of merchandise, it is a
- (1) the person was detained in a reasonable manner and for not more than a reasonable time to permit investigation or
questioning by a peace officer or by the owner of the commercial establishment or the owner's agent; and
- (2) the peace officer, owner, or owner's agent had probable cause to believe that the person detained was committing or
attempting to commit concealment of merchandise.
- (b) As used in this section, "reasonable time" means the time necessary to permit the person detained to make a statement
or refuse to make a statement, and any additional time necessary to examine employees and records of the commercial
establishment relative to the ownership of the merchandise.
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