N.Y. General Business Law § 218: Defense of lawful detention

§ 218. 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) a retail mercantile establishment for the purpose of

investigation or questioning as to criminal possession of an

anti-security item as defined in section 170.47 of the penal law or as

to the ownership of any merchandise, or (b) a motion picture theater for

the purposes of investigation or questioning as to the unauthorized

operation of a recording device in a motion picture theater, 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 acting pursuant to his

special duties, police officer or by the owner of the retail mercantile

establishment or motion picture theater, his authorized employee or

agent, and that such officer, owner, employee or agent had reasonable

grounds to believe that the person so detained was guilty of criminal

possession of an anti-security item as defined in section 170.47 of the

penal law or was committing or attempting to commit larceny on such

premises of such merchandise or was engaged in the unauthorized

operation of a recording device in a motion picture theater. As used in

this section, "reasonable grounds" shall include, but not be limited to,

knowledge that a person (i) has concealed possession of unpurchased

merchandise of a retail mercantile establishment, or (ii) has possession

of an item designed for the purpose of overcoming detection of security

markings attachments placed on merchandise offered for sale at such an

establishment, or (iii) has possession of a recording device in a

theater in which a motion picture is being exhibited 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 mercantile

establishment relative to the ownership of the merchandise, or

possession of such an item or device. Such detention at such vicinity

shall not authorize the taking of such person's fingerprints at such

vicinity unless the taking of fingerprints is otherwise authorized by

section 160.10 of the criminal procedure law and are taken by the

arresting or other appropriate police officer or agency described

therein in accordance with section 140.20 or 140.27 of such law.

Whenever fingerprints are taken, the requirements of article one hundred

sixty of the criminal procedure law shall apply as if fully set forth

herein.