If any person shall commit or attempt to commit the offense of shoplifting, or if any person shall wilfully conceal upon his person or otherwise any unpurchased goods, wares or merchandise held or owned by any store or mercantile establishment, the merchant or any employee thereof or any peace or police officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may question such person in a reasonable manner for the purpose of ascertaining whether or not such person is guilty of shoplifting as defined herein. Such questioning of a person by a merchant, merchant's employee or peace or police officer shall not render such merchant, merchant's employee or peace or police officer civilly liable for slander, false arrest, false imprisonment, malicious prosecution, unlawful detention or otherwise in any case where such merchant, merchant's employee or peace or police officer acts in good faith and upon reasonable grounds to believe that the person questioned is committing or attempting to commit the crime of shoplifting.
Laws, 1988, ch. 556, § 2, eff. 7/1/1988.
Notes of Decisions
Turner v. Hudson Salvage, Inc., 709 So. 2d 425 (Miss. 1998).
· cites it 16× “We conclude that the second stop and detention by the appellee’s employee was not immune from liability under Miss.Code Ann. § 97-23-95 (1994). Thus, we reverse and remand this cause of action.”
Downtown Grill, Inc. v. Connell, 721 So. 2d 1113 (Miss. 1998).
· cites it 3× “The statute states that Such questioning of a person by a merchant, merchant's employee or peace or police officer shall not render such merchant, merchant's employee or peace or *1126 police officer civilly liable for slander, false arrest, false imprisonment, malicious…”
Boone v. Wal-Mart Stores, Inc., 680 So. 2d 844 (Miss. 1996).
· cites it 4× “Our analysis of this case is confounded by the inartfully drafted language of Section 97-23-95 of the Mississippi Code of 1972, which states as follows: If any person shall commit or attempt to commit the offense of shoplifting, or if any person shall wilfully conceal upon his…”
Tipton v. State, 150 So. 3d 82 (Miss. 2014).
· cites it 2× “Throughout our State’s history, if a person was confined within boundaries fixed by another party, that person has been considered to have been imprisoned.”
Davis v. Wal-Mart Stores, Inc., 724 So. 2d 907 (Miss. 1998).
· cites it 2× “allows stores like Wal-Mart to question customers upon suspicion of shoplifting reads as follows: If any person shall commit or attempt to commit the offense of shoplifting, or if any person shall wilfully conceal upon his person or otherwise any unpurchased goods, wares or…”
Wal-Mart Stores, Inc. v. Bathe, 715 N.E.2d 954 (Ind. Ct. App. 1999).
“Such questioning of a person by a merchant, merchant’s employee or peace or police officer shall not render such merchant, merchant’s employee or peace or police officer civilly liable for slander, false arrest, false imprisonment, malicious prosecution, unlawful detention or…”
Dacarvos Goode v. Walmart, Inc. & Willie Sims (Miss. Ct. App. 2023).
· cites it 14× “Wal-Mart asserts that it has no liability in this matter pursuant to the qualified immunity delineated in Mississippi Code Annotated section 97-23-95 (Rev. 2020). Although the circuit court did not discuss this argument in granting summary judgment in Wal-Mart’s favor, we “may…”
Martha A Turner v. Hudson Salvage Inc (Miss. 1996).
· cites it 16× “We conclude that the second stop and detention by the appellee's employee was not immune from liability under Miss. Code Ann. § 97-23-95 (1994). Thus, we reverse and remand this cause of action.”
Lyon v. Fred's, Inc., 971 F. Supp. 239 (N.D. Miss. 1997).
· cites it 4× “Miss.Code Ann. § 97-23-95 provides in pertinent part: If any person shall commit or attempt to commit the offense of shoplifting, or if any person shall wilfully conceal upon his person or otherwise any unpurchased goods, .”
Trenette Boone v. Wal-Mart Stores Inc (Miss. 1993).
· cites it 4× “Our analysis of this case is confounded by the inartfully drafted language of Section 97-23-95 of the Mississippi Code of 1972, which states as follows: If any person shall commit or attempt to commit the offense of shoplifting, or if any person shall wilfully conceal upon his…”
Downtown Grill Inc v. Michael Connell (Miss. 1996).
· cites it 3× “The statute states that Such questioning of a person by a merchant, merchant's employee or peace or police officer shall not render such merchant, merchant's employee or peace or police officer civilly liable for slander, false arrest, false imprisonment, malicious prosecution,…”
Kenny Scott Davis v. Wal-Mart Stores, Inc. (Miss. 1997).
· cites it 2× “as follows: If any person shall commit or attempt to commit the offense of shoplifting, or if any person shall wilfully conceal upon his person or otherwise any unpurchased goods, wares or merchandise held or owned by any store of mercantile establishment, the merchant or any…”
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