OPINION
HATHAWAY, Chief Judge.Petitioner’s special action challenges the constitutionality of A.R.S. § 13-1424, both on its face and as construed and applied, in that it violates the petitioner’s rights under the Fourth, Fifth and Fourteenth Amendments to the United States Constitution and similar provisions of .the Arizona Constitution. We find, however, that the statute in question is not violative of petitioner’s rights and we deny the petition.
*398The pertinent facts giving rise to the challenge of A.R.S. § 13-14241 are as follows :
On approximately July 5, 1973, a refund check in the amount of $167.95 was sent by Sears, Roebuck and Co. to Jan Dee Summers in Tucson. On approximately July 23, 1973, the endorsed check was deposited in a Tucson bank account owned by the mother of the petitioner. The respondent Judge Lee Garrett, acting on a petition filed June 21, 1974, by Tucson Police Officer Jerry Hathaway, signed an order authorizing the petitioner to be taken into “temporary detention” for the purpose of surrendering a certain handwriting sample. It was the contention of Officer Hathaway in his petition to obtain evidence of physical characteristics that Miss Summers never received the check and never gave petitioner or anyone else permission to sign her name to the check. Miss Summers and Miss Long had been roommates before Miss Summers moved to Virginia. After Officer Hathaway was unable to locate petitioner, he refiled the petition on August 15 and the respondent Judge Robert Bucchanan re-executed the order granting an additional fifteen days from August 15 within which to take the petitioner into “temporary detention.” On August 30, this court ordered a stay in the proceedings to allow us to decide the constitutional issue presented by petitioner.
In Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the Supreme *399Court stated that any restraint by the authorities of a person, as well as the seizure of physical evidence during that period of restraint, is subject to the prohibition against unreasonable searches and seizures under the Fourth Amendment. And if the detention is found to be illegal, any physical evidence seized at the time of the detention is a direct product of the illegality. Davis v. Mississippi, 394 U.S. 721, 89 S.Ct. 1394, 22 L.Ed.2d 676 (1969).
Petitioner is incorrect in her assertion that a detention prior to arrest is unlawful if done without probable cause. An obvious example is that detentions and searches at the nation’s borders can be made without probable cause. Witt v. United States, 287 F.2d 389 (9th Cir. 1961); Henderson v. United States, 390 F.2d 805 (9th Cir. 1967). Therefore, in lieu of probable cause, what must be ascertained is whether the detention is “reasonable” under the circumstances. See Drake, Detention for Taking Physical Evidence Without Probable Cause, 14 Ariz.L.Rev. 132 (1972).
All of those factors which in their totality lead to the “reasonable” standard are present in A.R.S. § 13-1424. The detention is authorized by a magistrate, a factor enunciated by the Supreme Court in Davis v. Mississippi, supra. The statute limits the detention to three hours and as there is no exigency involved in securing a handwriting exemplar, the detention should be at a time which is convenient for the detained person. The crime involved must be a felony and, as society has a substantial interest in preventing serious crimes, the detention’s reasonableness in that regard is apparent.
Another matter of importance is the inability to obtain the evidence elsewhere. A.R.S. § 13-1424(A) (3) requires a showing that “such evidence cannot otherwise be obtained by the investigating officer from either the law enforcement agency employing the affiant or the criminal identification division of the Arizona department of public safety.” In his petition to obtain the handwriting exemplar, Officer Hathaway stated that the evidence sought from Miss Long was not available from any other source.
The major contention of petitioner is that while the statute requires a showing of “reasonable cause for belief that a specifically described criminal offense punishable by at least one year in the state prison has been committed,” there is no requirement of a showing that the person detained is connected in any way with the crime. However, subsection (B) (3) of the statute provides that any order issued pursuant to the statute must specify “the relevance of such evidence to the particular investigation.” We find that under this provision, the officer must show why the evidence may implicate the individual and provides the necessary nexus between the crime and the suspect. Officer Hathaway complied with this provision and such connection has been established to our satisfaction.
We agree with petitioner that the language of A.R.S. § 13-1424 is not as explicit as jurists would like. However, it is the duty of the court to uphold statutes if the language will permit. Coggins v. Ely, 23 Ariz. 155, 202 P. 391 (1921). This is true even if the language is indefinite and uncertain. Peterson v. Sundt, 67 Ariz. 312, 195 P.2d 158 (1948). We hold that a reasonable reading of the statute allows the “temporary detention” without an unconstitutional deprivation of petitioner’s rights.
Relief denied.
KRUCKER, J., concurs.. Ҥ 13-1424. Detention for obtaining evidence of identifying physical characteristics A. A peace officer who is engaged, within the scope of his authority, in the investigation of an alleged criminal offense punishable by at least one year in the state prison, may make written application upon oath or affirmation to a magistrate for an order authorizing the temporary detention, for the purpose of obtaining evidence of identifying physical characteristics, of an identified or particularly described individual residing in or found in the jurisdiction over which the magistrate presides. The order shall require the presence of the identified or particularly described individual at such time and place as the court shall direct for obtaining the identifying physical characteristic evidence. Such order may be issued by the magistrate upon a showing of all of the following:
1. Reasonable cause for belief that a specifically described criminal offense punishable by at least one year in the state prison has been committed.
2. Procurement of evidence of identifying physical characteristics from an identified or particularly described individual may contribute to the identification of the individual who committed such offense.
3. Such evidence cannot otherwise be obtained by the investigating officer from either the law enforcement agency employing the affiant or the criminal identification division of the Arizona department of public safety.
B. Any order issued pursuant to the provisions of this section shall specify the following:
1. The alleged criminal offense which is the subject of the application.
2. The specific type of identifying physical characteristic evidence which is sought.
3. The relevance of such evidence to the particular investigation.
4. The identity or description of the individual who may be detained for obtaining such evidence.
5. The name and official status of the investigative officer authorized to effectuate such detention and obtain such evidence.
6. The place at which the obtaining of such evidence shall be effectuated.
7. The time that such evidence shall be taken except that no person may be detained for a period of more than three hours for the purpose of taking such evidence.
8. The period of time, not exceeding fiften days, during which the order shall continue in force and effect. If the order is not executed within fifteen days, a new order may be issued, pursuant to the provisions of this section.
O. The order issued pursuant to this section shall be returned to the court not later than thirty days after its date of issuance and shall be accompanied by a sworn statement indicating the type of evidence taken. The court shall give to the person from whom such evidence was taken a copy of the order and a copy of the sworn statement indicating what type of evidence was taken, if any.
D. For the purposes of this section, ‘identifying physical characteristics’ includes, but is not limited to, the fingerprints, palm prints, footprints, measurements, handwriting, hand-printing, gound of voice, blood samples, urine samples, saliva samples, hair samples, comparative personal appearance, or photographs of an individual. Added Laws 1971, Oh. 75, § 1.”