liability.
(1) A peace officer, security agent of a mercantile establishment, merchant, or merchant's employee who has probable cause to believe that goods held for sale by the merchant have been unlawfully taken by a person may take the person into custody and detain him or her in a reasonable manner for a reasonable length of time, on the premises of the mercantile establishment or off the premises of the mercantile establishment, if the persons enumerated in this section are in fresh pursuit, for any of the following purposes: (a) To request identification; (b) To verify such identification; (c) To make reasonable inquiry as to whether such person has in his or her possession unpurchased merchandise, and to make reasonable investigation of the ownership of such merchandise; (d) To recover or attempt to recover goods taken from the mercantile establishment by such person, or by others accompanying him or her; or (e) To inform a peace officer or law enforcement agency of the detention of the person and to surrender the person to the custody of a peace officer, and in the case of a minor, to inform the parents, guardian, or other person having custody of that minor of his or her detention, in addition to surrendering the minor to the custody of a peace officer.
(2) Any person exercising any authority granted in subsection (1) of this section may use a reasonable amount of force necessary to protect himself or herself and to prevent the escape of the person detained or the loss of goods for sale. Except as provided in KRS Chapter 503, deadly force shall not be justified solely to protect property.
(3) The recovery of goods taken from the mercantile establishment by the person detained or by others shall not limit the right of the persons named in subsection (1) of this section to detain such person for peace officers or otherwise accomplish the purposes of subsection (1) of this section.
(4) Any person enumerated in subsection (1) of this section shall be immune from criminal liability and shall only be subject to civil liability for failing to exercise reasonable care for any authority granted under this section.
(5) Any peace officer may arrest without warrant any person he or she has probable cause to believe has committed larceny in retail or wholesale establishments. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 31, effective July 15, 2024. -- Amended 1978 Ky. Acts ch. 75, sec. 1, effective June 17, 1978. -- Amended 1968 Ky. Acts ch. 49, sec. 2. -- Created 1958 Ky. Acts ch. 11, sec. 2.
Notes of Decisions
Stogner v. Commonwealth, 35 S.W.3d 831 (Ky. Ct. App. 2000).
· cites it 10× “KRS 433.236 specifically addresses the detention and arrest of persons suspected of shoplifting: (1)A peace officer, security agent of a mercantile establishment, merchant or merchant’s employee who has probable cause for believing that goods held for sale by the merchant have…”
Bridgette Snyder v. Kohl's Dep't Stores, Inc., 580 F. App'x 458 (6th Cir. 2014).
· cites it 4× “The district court granted summary judgment to Defendant on the false imprisonment claim after concluding that the undisputed facts established that Defendant met the requirements of the “shopkeeper’s privilege,” an affirmative defense set out at Ky. Rev. Stat. Ann. § 433.236…”
Consol. Sales Co. v. Malone, 530 S.W.2d 680 (Ky. Ct. App. 1975).
· cites it 3× “The statute under which Consolidated seeks to avoid liability is KRS 433.236(1), which provides as follows: “A peace officer, security agent of a mercantile establishment, merchant or merchant’s employe who has probable cause for believing that goods held for salé by the…”
Daugherty v. Kuhn's Big K Store, 663 S.W.2d 748 (Ky. Ct. App. 1983).
“KRS 433.236. During the trial which commenced on September 22,1982, the court, after a hearing in chambers, allowed the appellees to question the appellant’s wife about her husband’s previous criminal record who testified that, to her knowledge, her husband had never had to…”
United States v. Baker, 30 M.J. 262 (1990).
“1990); Ky.Rev.Stat.Ann. § 433.236 (Michie/Bobbs-Merrill 1985); La.”
Messer v. Robinson, 250 S.W.3d 344 (Ky. Ct. App. 2008).
· cites it 2× “We believe this interpretation of KRS 433.236 leads to an absurd result, inconsistent with the Legislature’s intent in enacting it.”
Birdsong v. Wal-Mart Stores, Inc., 74 S.W.3d 754 (Ky. Ct. App. 2001).
“This Court also stated that concealing merchandise, even if the goods are only partially hidden from view, is sufficient to allow store personnel to act pursuant to KRS 433.236. The issue in Taylor, was whether the store had probable cause to detain Story, not the reasonableness…”
Burdette v. Commonwealth, 495 S.W.3d 156 (Ky. Ct. App. 2015).
· cites it 9× “Burdette argues that the circuit court- improperly applied KRS 433.236, and thus her arrest was unlawful under KRS 431.”
Leavell v. Wal-Mart Stores, Inc. (W.D. Ky. 2020).
· cites it 3× “Plaintiffs also cite to KRS 433.236 to argue that Beard did not act reasonably in her investigation of the shoplifting incident.”
— Ky. Rev. Stat. § 433.236(1) — 5 cases
Bridgette Snyder v. Kohl's Dep't Stores, Inc., 580 F. App'x 458 (6th Cir. 2014).
“The district court granted summary judgment to Defendant on the false imprisonment claim after concluding that the undisputed facts established that Defendant met the requirements of the “shopkeeper’s privilege,” an affirmative defense set out at Ky. Rev. Stat. Ann. § 433.236…”
Consol. Sales Co. v. Malone, 530 S.W.2d 680 (Ky. Ct. App. 1975).
“The statute under which Consolidated seeks to avoid liability is KRS 433.236(1), which provides as follows: “A peace officer, security agent of a mercantile establishment, merchant or merchant’s employe who has probable cause for believing that goods held for salé by the…”
Messer v. Robinson, 250 S.W.3d 344 (Ky. Ct. App. 2008).
“We believe this interpretation of KRS 433.236 leads to an absurd result, inconsistent with the Legislature’s intent in enacting it.”
— Ky. Rev. Stat. § 433.236(2) — 1 case
— Ky. Rev. Stat. § 433.236(3) — 2 cases
Stogner v. Commonwealth, 35 S.W.3d 831 (Ky. Ct. App. 2000).
“KRS 433.236 specifically addresses the detention and arrest of persons suspected of shoplifting: (1)A peace officer, security agent of a mercantile establishment, merchant or merchant’s employee who has probable cause for believing that goods held for sale by the merchant have…”
Burdette v. Commonwealth, 495 S.W.3d 156 (Ky. Ct. App. 2015).
“Burdette argues that the circuit court- improperly applied KRS 433.236, and thus her arrest was unlawful under KRS 431.”
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