Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-04-14
PRACTICE NOT LEGAL
Holding Suspects an Unneces-
sariIy Long Time.
JUSTICE WRIGHT'S RULING
Police May Detain a Person Without
Warrant Only Until One Can Be
Obtained From a Magistrate.

The practice of the police department
in holding persons arrested on suspicion
for the purpose of investigation and
identification without procuring "a war
rant is dealt death blow in decision
rendered today by Justice Wright of the
Supreme Court of the District of Co.
lumbia.
The court holds that no one can be
lawfully detained without warrant any
longer than is reasonably necessary to
procure warrant. and as any magistrate
in the District is authorized to issue such
legal document by day and by night, On
week days and on Sunday, the holding of
a man from Friday night until Monday
morning is declared to be an unreason-
able time.
Detention of William Keezee.
The decision sustains a. demurrer of
Attorneys Charles Poe and Walter L.
Furbeshaw to the plea Of Capt. Sullivan
and Lieut.. Keefe of the third precinct to
the suit to recover $1,000 damages for al
legged unlawful detention fled by Mrs.
Jane Keezee on behalf of her son, Will
liam Keezee. The boy was arrested
October last on suspicion of committng
a robbery and held at the third precinct
station until Monday, October IL. and
then taken to Police Court. where he was
discharged.
The captain and lieutenant pleaded
grounds of suspicion and claimed the boy
was held no longer than was reasonably
necessary for the purpose OF investigation
and Identification. To this plea counsel
for the uaoSner and boy demurred, and
the court sustains the demurrer
No Imperial Prerogative.
THE conception advanced at the argu-
ment," says Justice Wright. that the
station of policeman invests the incum-
bent with some kind of an imperial pre-
rogative of his own, ipse dixit, to subdue
citizens under lock and key during what
period may be necessary for enabling his
physical ego to revolve the principles OF
legalism and evolve a conclusion whether
the laws process ought to be applied, is
neither attractive nor sustainable.
1.-THE theory, and the only theory, Of the
law in authorizing arrests without war
rant Is to detain an accused until
legal warrant can be obtained. which.
after it's issuance. serves as and is the
laws process for his detention to answer
in the courts. The law is not SO care
less about the liberty of citizens as to
permit their detention without it's sane
ton during a period of time longer than
is reasonably necessary for obtaining its
sanction. No one can be lawfully de-
tained without warrant any longer than
rant"
Reasonable Time to Get Warrant.
After commenting on what might be
reasonable time in a wilderness and COM
pairing that with the time necessary in
this city to obtain a warrant. where mag
istl ates are required to issue them any
hour of the day or night, without ex-
cepting Sundays and legal holidays. JUS
tice Wright declares that the question Of
the necessary lapse of time becomes a
question Of law when the pleadings dis
close the duration Of time and 1t shows
its unreasonableness on its face.
The court concludes THAT the time
taken In this case was in good faith nee
essary for the procurement of a warrant
is inconeeivable. The answer states no
facts which account for the delay. such
as tne ause ace or magistrates or the like
and therefore upon the face OF the
answer nothing appears which justifiss
the detention, the answer sets forth no
defense and the demurrer is sustained"
The question of amount OF damages to
be awarded against the officers will be
later passed on by jury.