NCJ Number
52350
Date Published
1976
Length
0 pages
Annotation
THIS FILM SIMULATES TWO CRIMES AND THE APPREHENSION OF SUSPECTS TO ILLUSTRATE THE LEGAL LIMITATIONS OF PREARREST DETENTION. CIRCUMSTANCES PERMITTING TRANSPORT DETENTION OF UNCONSENTING SUSPECTS ARE CONSIDERED.
Abstract
THE FIRST INCIDENT INVOLVES A MOVIE THEATER ROBBERY IN WHICH THE UNHARMED CASHIER IS ABLE TO DESCRIBE THE OFFENDER WHO HAS FLED FROM THE THEATER, AND TO DETERMINE HIS PROBABLE LOCATION. THE POLICE APPREHEND AND SEARCH THE SUSPECT. THE SEARCH IS PERMISSIBLE SINCE 'PROBABLE CAUSE' IS EVIDENT; HOWEVER, THE SUSPECT MAY NOT BE FORCED TO RETURN TO THE CRIME SCENE (TRANSPORT DETENTION), AND THE VICTIM MUST MOVE TO THE DETENTION LOCATION TO IDENTIFY THE SUSPECT. THE SECOND CRIME DEPICTED INVOLVES AN ARMED ROBBERY INCIDENT IN WHICH THE VICTIM IS WOUNDED. THE VICTIM IS ABLE TO DESCRIBE ONE OF THE SUSPECTS, AND ANOTHER MAN DESCRIBES TWO PERSONS WHOM HE HAS SEEN LEAVING THE CRIME SCENE. TRANSPORTING THE UNCONSENTING SUSPECTS WHO FIT THE DESCRIPTIONS TO THE CRIME SCENE IS ALLOWABLE UNDER THE FOLLOWING CIRCUMSTANCES: (1) THE CRIME IS SERIOUS; (2) THE VICTIM IS INCAPACITATED; AND (3) THERE IS REASONABLE SUSPICION THAT THE SUSPECTS COMMITTED THE OFFENSE. A HOSTILE CROWD ALSO GATHERS DURING THE DETENTION OF ONE SUSPECT, AND NO OFFICER IS AVAILABLE TO ASSIST THE DETAINING OFFICER. SINCE IT IS NOT POSSIBLE TO GUARANTEE THE SUSPECT'S RIGHT TO SPEEDY RELEASE UNDER THESE CIRCUMSTANCES, TRANSPORT DETENTION, OR MOVING THE DETAINED SUSPECTS IS PERMISSIBLE. (DAG)