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This entry was published on 2014-09-22
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Defense of lawful detention
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 5, PART 2
§ 265-a. Defense of lawful detention. In any action for false arrest,
false imprisonment, unlawful detention, defamation of character,
assault, trespass or invasion of civil rights brought by any person by
reason of having been detained on or in the immediate vicinity of the
premises of a public library or association library for the purpose of
investigation or questioning as to the ownership of any materials, it
shall be a defense to such action that the person was detained 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 librarian in
charge, his or her authorized employee or agent, and that such peace
officer, librarian, employee or agent has reasonable grounds to believe
that the person so detained was committing or attempting to commit
larceny on such premises of such materials. As used in this section,
"reasonable grounds" shall include, but not be limited to, knowledge
that a person has concealed, unauthorized possession of material owned
or belonging to the public library or association library, and a
"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 public library or
association library relative to the ownership of the materials.