(a) A peace officer, a merchant or a merchant’s employee who has probable cause for believing that goods held for sale by the merchant have been unlawfully taken by a person and that he can recover them by taking the person into custody may, for the purpose of attempting to effect such recovery, take the person into custody and detain him in a reasonable manner for a reasonable length of time. Such taking into custody and detention by a peace officer, merchant or merchant’s employee shall not render such police officer, merchant or merchant’s employee criminally or civilly liable for false arrest, false imprisonment or unlawful detention.
(b) Any peace officer may arrest without warrant any person he has probable cause for believing has committed larceny in retail or wholesale establishments.
(c) A merchant or a merchant’s employee who causes such arrest as provided for in subsection (a) of this section of a person for larceny of goods held for sale shall not be criminally or civilly liable for false arrest or false imprisonment where the merchant or merchant’s employee has probable cause for believing that the person arrested committed larceny of goods held for sale.
(Acts 1957, No. 184, p. 237, §§1-3.)
Notes of Decisions
Smitherman v. McCafferty, 622 So. 2d 322 (Ala. 1993).
· cites it 4× “See Ala.Code 1975, § 15-10-14. Smitherman and his wife, Pamela, sued McCafferty.”
Dolgencorp, LLC v. Spence, 224 So. 3d 173 (Ala. 2016).
““False imprisonment consists in the unlawful detention of the person of another for any length of time whereby he is deprived of his personal liberty.”
Kmart Corp. v. Perdue, 708 So. 2d 106 (Ala. 1997).
· cites it 2× “" Ala.Code 1975, § 15-10-14. The evidence is sufficient to show that Kmart, acting through its agent Sharp, had probable cause to detain Cameron and Perdue and had reason to believe that detaining them might lead to the recovery of goods that Kmart held for sale.”
Phillips v. K-Mart Corp., 682 So. 2d 1390 (Ala. Civ. App. 1996).
· cites it 4× “Ala.Code 1975, § 15-10-14(a). Additionally, neither the merchant nor the employee may be held civilly liable for causing the arrest if the merchant or the merchant’s employee has probable cause for believing that the person arrested committed larceny of the goods held for sale.”
Ringstaff v. State, 480 So. 2d 50 (Ala. Crim. App. 1985).
“Consequently, we see no distinction between a public servant for purposes of Article One and one for purposes for Article Two.”
Wesson v. Wal-Mart Stores East, L.P., 38 So. 3d 746 (Ala. Civ. App. 2009).
· cites it 4× “” § 15-10-14. As noted above, Jack had probable cause to suspect Wesson had purposefully failed to pay for her prescriptions based on the information he had available to him at the time of Wesson’s detention.”
Raburn v. Wal-Mart Stores, Inc., 776 So. 2d 137 (Ala. Civ. App. 1999).
· cites it 2× “White fohowed the two to the front of the store, and after they had gone through the store’s check-out area without paying for the merchandise, White, acting alone, attempted to apprehend them, pursuant to § 15-10-14, Ala.Code 1975. White confronted the two and asked them to…”
McGown v. K-Mart Corp., 440 So. 2d 560 (Ala. 1983).
“Affirmed on the authority of Code 1975, § 15-10-14, and Super X Drugs of Alabama, Inc.”
— Ala. Code § 15-10-14(a) — 5 cases
Dolgencorp, LLC v. Spence, 224 So. 3d 173 (Ala. 2016).
““False imprisonment consists in the unlawful detention of the person of another for any length of time whereby he is deprived of his personal liberty.”
Smitherman v. McCafferty, 622 So. 2d 322 (Ala. 1993).
“See Ala.Code 1975, § 15-10-14. Smitherman and his wife, Pamela, sued McCafferty.”
Wesson v. Wal-Mart Stores East, L.P., 38 So. 3d 746 (Ala. Civ. App. 2009).
“” § 15-10-14. As noted above, Jack had probable cause to suspect Wesson had purposefully failed to pay for her prescriptions based on the information he had available to him at the time of Wesson’s detention.”
Phillips v. K-Mart Corp., 682 So. 2d 1390 (Ala. Civ. App. 1996).
“Ala.Code 1975, § 15-10-14(a). Additionally, neither the merchant nor the employee may be held civilly liable for causing the arrest if the merchant or the merchant’s employee has probable cause for believing that the person arrested committed larceny of the goods held for sale.”
Raburn v. Wal-Mart Stores, Inc., 776 So. 2d 137 (Ala. Civ. App. 1999).
“White fohowed the two to the front of the store, and after they had gone through the store’s check-out area without paying for the merchandise, White, acting alone, attempted to apprehend them, pursuant to § 15-10-14, Ala.Code 1975. White confronted the two and asked them to…”
— Ala. Code § 15-10-14(c) — 1 case
Phillips v. K-Mart Corp., 682 So. 2d 1390 (Ala. Civ. App. 1996).
“Ala.Code 1975, § 15-10-14(a). Additionally, neither the merchant nor the employee may be held civilly liable for causing the arrest if the merchant or the merchant’s employee has probable cause for believing that the person arrested committed larceny of the goods held for sale.”
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