Ahern v. Lynch
| Citation | 99 R.I. 316,207 A.2d 296 |
| Decision Date | 25 February 1965 |
| Docket Number | Nos. 10627,10628,s. 10627 |
| Parties | Francis C. AHERN v. Michael W. LYNCH. Bruce E. BAND v. Richard J. JONES. Ex. |
| Court | Rhode Island Supreme Court |
Pontarelli & Berberian, Aram K. Berberian, Providence, for plaintiffs.
James P. Quirk, Providence, for defendants.
These actions of trespass for false imprisonment are in this court on the exception of the plaintiff in each case to a decision of a justice of the superior court overruling the plaintiff's demurrer to the defendant's special plea in justification and to his rulings declaring the plaintiffs nonsuit and denying their motions for directed verdicts of guilty. There is agreement between the parties in each case that the issues raised therein are identical and that the cases were tried together to a jury in the superior court for that reason. We will then, as a matter of convenience, in this opinion treat the issues as if they arose in a single case, intending, however, that whatever conclusions we reach shall apply to and be dispositive of each bill of exceptions now before us.
The plaintiff alleges in his declaration that he had been arrested and detained by defendant without reasonable or probable cause. The defendant pleaded the general issue and, in addition, pleaded specially in justification, alleging that he was a peace officer and a permanent member of the police department of the city of Warwick; that 'the said defendant, had reason to suspect that the plaintiff had committed a misdemeanor and demanded of him, his name, address, business abroad and whither he was going, and said plaintiff did fail to identify himself and explain his actions to the satisfaction of said defendant, being then and there a peace officer, whereupon the defendant further detained and further questioned and investigated the plaintiff'; and that 'the said defendant in so detaining the said plaintiff did so in accordance with Title 12, Chapter 7, Section 1, of the General Laws of Rhode Island, 1956, the said detention by said defendant not exceeding two hours, and that such detention was a lawful and just one for the cause aforesaid * * *.'
General Laws 1956, § 12-7-1, authorizes a peace officer to 'detain any person abroad whom he has reason to suspect is committing, has committed or is about to commit a crime'; to make such inquiries of him as are prescribed in the act; and, when the disclosures made pursuant thereto are unsatisfactory, to detain him for further investigation which in time shall not exceed two hours. In Kavanagh v. Stenhouse, 93 R.I. 252, 174 A.2d 560, we held that the state could in a proper exercise of its police power distinguish between arrest and a mere detention for investigation when the detaining officer had 'reason to suspect' some criminal act involving the detainee. We further held in that case that 'reason to suspect' constitutes a reasonable standard for so detaining a person abroad as is consistent with the constitutional right to be free from arrest without warrant except on the basis of probable cause. It is obvious that plaintiff seeks to obtain a review of the position we took in that case, but it is our opinion that in the state of the pleadings here the issue as to the constitutionality of a detention under § 12-7-1 is not...
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Lim v. Andrukiewicz
...are Kavanagh v. Stenhouse, 93 R.I. 252, 174 A.2d 560 (1961), app. dismissed 368 U.S. 516, 82 S.Ct. 529, 7 L.Ed.2d 521; Ahern v. Lynch, 99 R.I. 316, 207 A.2d 296 (1965); Barth v. Flad, 99 R.I. 446, 208 A.2d 533 (1965); Berberian v. Smith, 99 R.I. 198, 206 A.2d 531 (1965); and State v. Girago......
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Dempsey v. McQueeney
...are committing, have committed or are about to commit a crime. See State v. Ramsdell, 109 R.I. 320, 285 A.2d 399 (1971); Ahern v. Lynch, 99 R.I. 316, 207 A.2d 296 (1965); Berberian v. Smith, 99 R.I. 198, 206 A.2d 537 (1965); Kavanagh v. Stenhouse, 93 R.I. 252, 174 A.2d 560 (1961), appeal di......
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Duquette v. Godbout, 78-27-A
...plea in confession and avoidance, and '(i)t must meet and justify the cause of action stated in the declaration.' " Ahern v. Lynch, 99 R.I. 316, 318, 207 A.2d 296, 297 (1965) (quoting Wright v. Union R. R. Co., 21 R.I. 554, 555, 45 A. 548, 548 Rule 8(c) carries forward these prior holdings ......
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Tucker v. Mammoth Mart Inc., 80-11-A
...2 For reasons set forth below, we reject Tucker's arguments. At oral argument Tucker's counsel relied heavily upon Ahern v. Lynch, 99 R.I. 316, 207 A.2d 296 (1965), to support his argument that defendants were obligated specifically to plead legal justification as an affirmative defense. Ah......