(1) Criminal restraint is knowingly and without legal authority restraining another so as to interfere substantially with his or her liberty.

(2) This Section shall not apply to acts done in the performance of duty by any law enforcement officer of the State of Kansas, City of Olathe or the United States of America.

(3) Any merchant, or a merchant’s agent or employee, who has probable cause to believe that a person has actual possession of and has wrongfully taken, or is about to wrongfully take merchandise from a mercantile establishment, may detain such person on the premises or in the immediate vicinity thereof, in a reasonable manner and for a reasonable period of time for the purpose of investigating the circumstances of such possession. Such reasonable detention shall not constitute an arrest nor criminal restraint. Criminal restraint is a Class A Public Offense. (Ord. 03-78 § 7, 2003; Ord. 83-75 § 2, 1983.)