Title 51, Chapter 7, Section 61
( 51-7-61)
(a) As used in this Code section, the term "antishoplifting or
inventory control device" means a mechanism or other device designed
and operated for the purpose of detecting the removal of specially
marked or tagged merchandise from a mercantile establishment or
similar enclosure or from a protected area within such an enclosure. (b) In the case of a mercantile establishment utilizing an
antishoplifting or inventory control device, the automatic
activation of the device as a result of a person exiting the
establishment or a protected area within the establishment shall
constitute reasonable cause for the detention of the person so
exiting by the owner or operator of the establishment or by an agent
or employee of the owner or operator. Each detention shall be made
only in a reasonable manner and only for a reasonable period of time
sufficient for any inquiry into the circumstances surrounding the
activation of the device. (c) This Code section shall apply only with respect to mercantile
establishments in which a notice has been posted in a clear and
visible manner advising patrons of the establishment that an
antishoplifting or inventory control device is being utilized in the
establishment. |