§ 12-7-18 - Temporary detention powers of National Guard.

SECTION 12-7-18

   § 12-7-18  Temporary detention powers ofNational Guard. – A National Guard member of the rank of sergeant or higher who is on emergencystate duty pursuant to the call of the governor may detain any person abroadwho he or she has reason to suspect is committing, has committed, or is aboutto 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 himselfor herself and explain his or her actions to the satisfaction of the nationalguard member may be further detained and further questioned and investigated bythe peace officer; provided, in no case shall the total period of the detentionexceed two (2) hours, and the detention shall not be recorded as an arrest inany official record. At the end of the detention period the person so detainedshall be released unless arrested and charged with a crime.