Idaho State Statutes - Idaho Attorney Directory

WILLFUL CONCEALMENT OF GOODS, WARES OR MERCHANDISE -- DEFENSE
FOR DETENTION. (a) Whoever, without authority, willfully conceals the goods,
wares or merchandise of any store or merchant, while still upon the premises
of such store or merchant, shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not more than one thousand
dollars ($1,000) or by imprisonment in the county jail for not more than six
(6) months, or by both such fine and imprisonment. Goods, wares or merchandise
found concealed upon the person shall be prima facie evidence of a willful
concealment.
(b) Any owner, his authorized employee or agent of any store or merchant,
apprehending or detaining a person on or in the immediate vicinity of the
premises of any store or merchant, for the purpose of investigation or
questioning as to the ownership of any goods, wares or merchandise, shall have
as a defense in any action, civil or criminal, that such detention of the
person or persons was in a reasonable manner and for not more than a
reasonable time to permit such investigation or questioning by a peace officer
or by the owner of the store or merchant, his authorized employee or agent,
and that such peace officer, owner, employee or agent had probable cause to
believe that the person so detained was committing or attempting to commit an
offense as set forth in subsection (a) of this section. "Reasonable time"
shall mean the time necessary to permit the person detained to make a
statement or to refuse to make a statement, and the time necessary to examine
employees and records of the store or merchant relative to ownership of the
merchandise.

Click here to visit the Official Idaho State Statutes