State v. Bridges

CLARK, Judge.

Detention, or “investigative custody,” without probable cause to make a warrantless arrest, is restricted by the Fourth Amendment prohibition of unreasonable search and seizure. Davis v. Mississippi, 394 U.S. 721, 89 S.Ct. 1394, 22 L.Ed. 2d 676 (1969). Nevertheless, the criminal who seeks sanctuary within this constitutional right has been exposed by both the federal and state courts in decisions which have recognized , the need and the right of the police officer in the performance of his duties under proper circumstance to detain for investigation a person who is not subject to…