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Old 04-16-2013, 17:29   #66
WarCry
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Join Date: Jan 2009
Location: IL, on the banks of the Muddy River
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Quote:
Originally Posted by certifiedfunds View Post
Case law?

What case law supports a stop and frisk unless an officer witnesses suspicious behavior?

Just walking down the street. Some old lady calls because she doesn't recognize him. Officer arrives. Still just walking.
A Terry stop is pretty broad in it's definitions. If a person calls in a report, police have to investigate it. They may know it's going to be nothing, but they investigate because that's what they're paid to do. At this point, that would include something like this:

Cop to guy on the street (probably out the car window): "Hey, we got a call that someone's been acting fishy around here, and you match the description. You live around here?" etc
Guy on the street (rational guy): "Yep, I'm about 7 blocks up. I don't normally walk through here, but my car died, so here I am..."

Now, if the cop decides to run an ID, he can do that because he's investigating POSSIBLE criminal activity.

BTW, this part?
Quote:
Originally Posted by certifiedfunds View Post
Unless an officer witnesses suspicious behavior
That's just absolute crap. If an officer had to WITNESS suspicious behavior, they would make very, VERY few arrests, ever.


Now, this part is a COMPLETELY separate issue:
Quote:
Originally Posted by certifiedfunds View Post
What case law says he can be detained and put on the hood of a car if he declines to stop and answer questions?
Cop to guy on the street (probably out the car window): "Hey, we got a call that someone's been acting fishy around here, and you match the description. You live around here?" etc
Guy on the street (you, apparently): "Screw you, cop! I know my rights and I don't have to tell you crap! Keep driving, because I ain't stoppin' for sh**!!!"

That's probably going to garner a little more attention, and has a very high likelihood of charges of interfering with an investigation.


Will the charges stick? Who knows, that depends on the DA/states attorney, but if you act like a tool, like the subject of this arrest (the thread, not my example), then you're probably going to find out.


My advice? Don't be a dumbass. It hurts less.
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