Sec. 614.115. - Detention; reasonable cause.

(a) A law enforcement officer of the City, having reasonable cause to do so, may, in the manner hereinafter described, detain a person observed by him in a public place or on private property evidently not his own to inquire into the person's identity. (b) An officer shall have reasonable cause to detain and inquire when he has reasonable grounds to believe that the person so observed may recently have committed or may imminently commit an offense or any act injurious to the person or property of another in the immediate vicinity and when one or more of the following circumstances exist: (1) The time is during hours of darkness in a place where persons are not usually found at such time. (2) The person observed: (i) Has an appearance, demeanor or manner not usual to persons in the immediate vicinity; provided, that no person shall be subject to detention and inquiry solely by reason of his race, creed or national origin. (ii) Is standing, walking or running furtively or in concealment. (iii) Has possession of a tool or device recognized by the officer as being commonly used in the commission of a crime. (iv) Attempts to avoid or escape the approaching officer. (c) Detention and inquiry shall be conducted in the following manner: (1) The officer shall detain the person so observed at the time and place where he is found and, first identifying himself and the cause for the detention and inquiry, the officer shall ask the person detained to identify himself by name and address and may ask him to produce written identification reasonably confirming his identity. (2) The officer shall release the detained person if he orally identifies himself by name and address and produces written identification reasonably confirming his identity. The officer may request that the detained person forthwith leave the immediate vicinity if the detained person fails to produce written identification reasonably confirming his identity and, in the circumstances set forth in subsection (b) of this Section, the officer has reasonable grounds to believe that the person may imminently commit an offense or an act injurious to the person or property of another in the immediate vicinity. (3) Any person who: (i) Declines to identify himself orally by name and address; or (ii) Fails to leave the immediate vicinity at the officer's request, after failing to produce written identification reasonably confirming his identity, May be further detained by the officer in the officer's patrol car or at any identification headquarters designated by the Sheriff. During detention, the person detained may be further interrogated, photographed and fingerprinted for identification purposes and an investigation may be made as to whether a law enforcement authority seeks custody of the person for an alleged criminal offense. Unless there is probable cause to arrest a person detained as authorized by this paragraph, the person shall be released upon the expiration of three hours of detention or when the foregoing purposes of identification are accomplished, whichever shall first occur. Thereupon, at the election of the detained person, he shall be transported by an officer to the place where he was first detained. The officer shall make a full written report of a detention made under this paragraph. (4) The officer may search a detained person for firearms or other dangerous instruments which the officer reasonably believes, under the circumstances then existing, may attempt to injure the officer in the course of the detention. (d) A detained person who shall knowingly and wilfully identify himself falsely to any officer lawfully detaining him, either orally or by displaying false written identification, shall be guilty of a class D offense. (e) An officer who shall knowingly and wilfully harass or oppress a person under authority of this Section, without reasonable cause to detain and inquire, shall be appropriately disciplined by the Sheriff. (Ord. 72-204-176, § 1; Ord. 83-591-400, § 1) Note— Former § 330.116.