A peace officer may detain any person abroad whom he or she has reason to suspect
is committing, has committed, or is about to commit a crime, and may demand of the
person his or her name, address, business abroad, and destination; and any person
who fails to identify himself or herself and explain his or her actions to the satisfaction
of the peace officer may be further detained and further questioned and investigated
by any peace officer; provided, in no case shall the total period of the detention
exceed two (2) hours, and the detention shall not be recorded as an arrest in any
official record. At the end of the detention period the person so detained shall be
released unless arrested and charged with a crime.
Notes of Decisions
Cited in
24
cases (
2 in the last 5 years), 1959–2024 · leading case:
Dempsey v. McQueeney, 387 F. Supp. 333 (D.R.I. 1975).
Dempsey v. McQueeney, 387 F. Supp. 333 (D.R.I. 1975).
· cites it 25× “G.L. § 12-7-1) to intimidate and harass women employees and patrons of the “Gemini” by arbitrarily detaining them at the police station for periods up to two hours where they were subjected to repetitious questioning and, at least initially, fingerprinting and photographing,…”
Mocek v. City of Albuquerque, 813 F.3d 912 (10th Cir. 2015).
“§§ 594:2, 644:6 (also requiring a suspect to provide an account of his or her conduct when suspected of loitering or prowling); R.I. Gen. Laws § 12-7-1. The remaining "stop and identify” laws also appear not to require documentation.”
Lim v. Andrukiewicz, 360 F. Supp. 1077 (D.R.I. 1973).
· cites it 18× “Therefore, an assessment of plaintiffs’ challenge necessarily involves consideration of what standard authorizes field detention, what standard authorizes custodial detention, the relationship of the two parts of the statute, and the severability of the two portions.”
State v. DeMasi, 419 A.2d 285 (R.I. 1980).
· cites it 2× “Because the testimony of Officer Calabro inadequately establishes which ground he relied on, we have considered the reasonableness of the stop on both grounds. The statute relied upon by the state on appeal to support the stop authorizes a peace officer to "detain any person * *…”
Williams v. State, 962 A.2d 210 (Del. 2008).
“2d 272 (2000); compare R.I. Gen. Laws § 12-7-1 with State v. Lombardi, 727 A.”
Tucker v. Mammoth Mart, Inc., 446 A.2d 760 (R.I. 1982).
· cites it 4× “On appeal, Tucker contends that defendants’ failure to plead the legal justification for his arrest as an affirmative defense waived such defense, and therefore, the trial justice erred in not granting Tucker’s motion for a directed verdict.”
Kavanagh v. Stenhouse, 174 A.2d 560 (R.I. 1961).
· cites it 5× “1956, §12-7-1, which reads as follows: “Temporary detention of suspects.”
Sanders v. City of Houston, 543 F. Supp. 694 (S.D. Tex. 1982).
“Code § 18-1-11-8 (1978) (twenty-four hours); Mo.Ann.Stat. § 544.170 (Vernon 1953) (twenty-hours unless prisoner charged and held by warrant); N.”
United States v. Thomas, 250 F. Supp. 771 (S.D.N.Y. 1966).
· cites it 2× “11, § 1902 (1953); R.I. Gen. Laws Ann. § 12-7-1 (1956). The New Hampshire statute (N.”
Deaton v. Town of Barrington, 100 F.4th 348 (1st Cir. 2024).
“The district court granted summary judgment, entering judgment on false imprisonment in violation of 12 R.I. Gen. Laws § 12-7-1 (1956) (Count II), malicious prosecution (Count III), invasion of privacy (Count V), assault and battery (Count VI), unreasonable search and seizure in…”
Huguenin v. Ponte, 29 F. Supp. 2d 57 (D.R.I. 1998).
· cites it 2× “See generally R.I.Gen.Laws §§ 12-7-1 to 12-7-21 (1994 Reenactment).”
State v. Frazier, 421 A.2d 546 (R.I. 1980).
“1 Although Frazier raises a multitude of issues, the decisive issue relates to the trial justice’s denial of Frazier’s motion to suppress the evidence initially seized by the Cumberland police and subsequently received by the Central Falls officers. The trial justice rested his…”
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