N.D. Cent. Code § 12.1-23-14
12.1-23-14. Detention of persons suspected of unlawful use or removal of theft detection devices - Reasonable cause
12.1-23-14. Detention of persons suspected of unlawful use or removal of theft
detection devices - Reasonable cause.
1. The activation of an antishoplifting or inventory control device as a result of a person
exiting the establishment or a protected area within the establishment constitutes
reasonable cause for the detention of the person exiting by the owner or operator of
the establishment or by an agent or employee of the owner or operator, provided
sufficient notice has been posted to advise the patrons that the device is being utilized.
Each detention must be made in a reasonable manner and only for a reasonable
period of time sufficient for any inquiry into the circumstances surrounding the
activation of the device or for the recovery of goods.
2. If the taking into custody and detention of the person by a law enforcement officer,
security officer, merchant, or merchant's employee is done in compliance with the
requirements of this section, the law enforcement officer, security officer, merchant, or
merchant's employee may not be held criminally or civilly liable, including any liability
for false arrest, false imprisonment, unlawful detention, malicious prosecution,
intentional infliction of emotional distress, or defamation.