Not so. Only if the person has committed, or is about to commit a crime.
The standard for that is probable cause. In this case the police botched the association with a crime - which is a problem for them - but if they believed it to be a crime, then they have probable cause to meet the criteria for the section you posted.
37 posted on 04/08/2020 6:34:07 AM PDT by lepton
("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)