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Ordinance 1145-85
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Ordinance 1145-85
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3/3/2016 3:41:05 PM
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Ordinances
Ordinance Number
1145-85
Date
6/17/1985
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OM I M = = I EM I NM <br /> Section 27: Action for Being Detained on Mercantile Establishment Premises for <br /> Investigation--"Reasonable Grounds"as Defense <br /> In any criminal action brought under the ordinances of the City of Everett by <br /> reason of any person having been detained on or in the immediate vicinity of the <br /> premises of a mercantile establishment for the purpose of investigation or <br /> questioning as to the ownership of any merchandise, it shall be a defense of such <br /> action that the person was detained in a reasonable manner and for not more than a <br /> reasonable time to permit such investigation or questioning by a peace officer, by <br /> the owner of the mercantile establishment, or by the owner's authorized employee <br /> or agent, and that such peace officer, owner, employee, or agent had reasonable <br /> grounds to believe that the person so detained was committing or attempting to <br /> commit theft or shoplifting on such premises of such merchandise. As used in this <br /> section, "reasonable grounds" shall include, but not be limited to, knowledge that a <br /> person has concealed possession of unpurchased merchandise of a mercantile <br /> establishment, and a "reasonable time"shall mean the time necessary to permit the <br /> person detained to make a statement or to refuse to make a statement, and the <br /> time necessary to examine employees and records of the mercantile establishment <br /> relative to the ownership of the merchandise. <br /> -30- <br />
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