Harness

Appellant was convicted of attempted kidnaping (Pen. Code, §§ 207/664); 2 and assault with force likely to produce great bodily injury (§ 245, subd. (a)). In this appeal he raises the question: under what circumstances may police detain a citizen for sufficient time to complete a field interrogation card?

The facts may be stated briefly. On June 26, 1981, a woman pedestrian was followed by a man who pulled his car up behind her and parked. The man got out of the car and, saying nothing, grabbed her, twisted one arm behind her back and put one hand on her throat. He told her if she did not get into the car he would kill her. Although she struggled with him, he eventually forced her into the open passenger door whereupon she agreed to go with him if he would let go of her.

As her assailant then walked around the car to the driver’s door she opened her door and fled. Some passersby interceded; the assailant drove away. This occurred sometime after 7:30 p.m. The victim and passersby gave a description of the suspect and stated he was driving a yellow Vega.

At 8:07 the same evening, police Officer Rhyman received a broadcast of the crime and a description of the vehicle…