Rules of Criminal Procedure Rule 3 Detention without Arrest Flashcards
Rule 3.1. Stopping and Detention of Person: Time Limit. A law enforcement officer lawfully present in any place may, in the performance of his duties, stop and detain any person who he reasonably suspects is committing, has committed, or is about to commit
(1) a felony, or (2) a misdemeanor involving danger of forcible injury to persons or of appropriation of or damage to property, if such action is reasonably necessary either to obtain or verify the identification of the person or to determine the lawfulness of his conduct.
Rule 3.1. Stopping and Detention of Person: Time Limit. An officer acting under this rule may require the person to remain in or near such place in the officer’s presence for a period of not more than
fifteen (15) minutes or for such time as is reasonable under the circumstances. At the end of such period, the person detained shall be released without further restraint, or arrested and charged with an offense.
Rule 3.2. Advice as to Reason for Detention. A law enforcement officer who has detained a person under Rule 3.1 shall immediately advise that person
of his official identity and the reason for the detention.
Rule 3.3. Use of Force. A law enforcement officer acting under the authority of Rule 3.1 may use such
nondeadly force as may be reasonably necessary under the circumstances to stop and detain any person for the purposes authorized by Rules 3.1 through 3.5.
Rule 3.4. Search for Weapons. If a law enforcement officer who has detained a person under Rule 3.1 reasonably suspects that the person is armed and presently dangerous to the officer or others, the officer or someone designated by him may search
the outer clothing of such person and the immediate surroundings for, and seize, any weapon or other dangerous thing which may be used against the officer or others. In no event shall this search be more extensive than is reasonably necessary to ensure the safety of the officer or others.
Rule 3.5. Stop of Witness to Crime. Whenever a law enforcement officer has reasonable cause to believe that any person found at or near the scene of a felony is a witness to the offense, he may
stop that person.
Rule 3.5. Stop of Witness to Crime. After having identified himself, the officer must advise the person of the purpose of the stopping and may then demand
of him his name, address, and any information he may have regarding the offense.
Rule 3.5. Stop of Witness to Crime. Such detention shall in all cases be reasonable and shall not exceed
fifteen (15) minutes unless the person shall refuse to give such information, in which case the person, if detained further, shall immediately be brought before any judicial officer or prosecuting attorney to be examined with reference to his name, address, or the information he may have regarding the offense.
