§ 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.