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LIM v. ANDRUKIEWICZ

Civ. A. No. 4940.

360 F.Supp. 1077 (1973)

Lillian LIM et al. v. Stanley P. ANDRUKIEWICZ, Major, Police Department, Providence, Rhode Island, et al., and Richard J. Israel, Attorney General of Rhode Island, Intervenor.

United States District Court, D. Rhode Island.

June 11, 1973.

Attorney(s) appearing for the Case

Stephen J. Fortunato, Jr., Providence, R. I., for plaintiffs.

Ronald H. Glantz, Acting City Sol., Providence, R. I., for defendants.

W. Slater Allen, Jr., Asst. Atty. Gen., Providence, R. I., for intervenor.

Before McENTEE, Circuit Judge, PETTINE, Chief District Judge, and DAY, District Judge.

OPINION

PETTINE, Chief District Judge.

The vexing problem before this Court concerns the constitutionality of police detention without arrest, as authorized by R.I.G.L. Title 12, Chapter 7, Section 1 (1956, 1969 Reenactment), which provides:

"Temporary detention of suspects.— A peace officer may detain any person abroad whom he has reason to suspect is committing, has committed or is about to commit a crime, and may demand of him his...

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