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RussP
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What can LE do to you or with you in the normal types of encounters? What's the authority to do that stuff? What are your rights?
My old thread died when the server changed over. Not because I like you guys
, but because I'm going through notes in preparation for some stuff, I re-present the basics.
I've limited myself to federal law, and where possible to SCOTUS decisions. These represent the floor of your rights---an individual state may restrict LE further than the US Constitution does, but the individual state cannot allow LE more power than the USC permits. And since we're a widespread board, this stuff will be more applicable than purely state law/decisons. Finally, most of the focus is on public encounters, on account of this being CI and all.
First, let's categorize the encounters. There are three basic types: (1) The purely consensual contact; (2) The investigative detention; (3) The arrest. There are some archaic folk who want to categorize things only in two, saying that you're either free to leave or you're under arrest. Sorry, but SCOTUS doesn't see things that way, and hasn't since 1968. There are three categories.
The consensual contact is exactly that: purely consensual on both sides. Cops can make contact with anyone they want, can talk to people about anything they want, can ask people for/about anything they want. If the cop's in a place where he has the right to be, then the other stuff follows. There's no legal requirement to tell you that you're free to leave, though that's one factor that the courts look at in determining voluntariness on your part. SCOTUS wrote in Ohio V Robinette 519 U.S. 33 (1996):
From FL v Bostick, 501 U.S. 429 (1991) (internal citations ommitted)
Again, this is purely consensual. That means that the officer can't issue any commands in any way. No verbal orders: "Come here". No visual orders, like lights and siren. No coercion, as seen by a reasonable person. I'm not talking just about blatant stuff like pointing guns or blocking your path. For instance, if you give him your ID, you're not free to go while he's still holding onto it--a reasonable person would generally expect that back.
And from US v Drayton 536 U.S. 194 (2002)
As a side note that doesn't really fit well anywhere, cops get to do a bunch of stuff before they even contact you. You have no reasonable expectation of privacy in your license plate: it belongs to the state, and cops can check it, can do a computer check of the registered owner and so on without any need to get your permission, and without any suspicion whatsoever. The only catch is that they have to be doing it for a LE-related purpose.
RussP
***********************
What can LE do to you or with you in the normal types of encounters? What's the authority to do that stuff? What are your rights?
My old thread died when the server changed over. Not because I like you guys
I've limited myself to federal law, and where possible to SCOTUS decisions. These represent the floor of your rights---an individual state may restrict LE further than the US Constitution does, but the individual state cannot allow LE more power than the USC permits. And since we're a widespread board, this stuff will be more applicable than purely state law/decisons. Finally, most of the focus is on public encounters, on account of this being CI and all.
First, let's categorize the encounters. There are three basic types: (1) The purely consensual contact; (2) The investigative detention; (3) The arrest. There are some archaic folk who want to categorize things only in two, saying that you're either free to leave or you're under arrest. Sorry, but SCOTUS doesn't see things that way, and hasn't since 1968. There are three categories.
The consensual contact is exactly that: purely consensual on both sides. Cops can make contact with anyone they want, can talk to people about anything they want, can ask people for/about anything they want. If the cop's in a place where he has the right to be, then the other stuff follows. There's no legal requirement to tell you that you're free to leave, though that's one factor that the courts look at in determining voluntariness on your part. SCOTUS wrote in Ohio V Robinette 519 U.S. 33 (1996):
Of course, since this is purely consensual, you're also free to ask for/about anything you want. If you're wondering what your status is, just ask: "Officer, am I free to leave?"The Fourth Amendment does not require that a lawfully seized defendant be advised that he is "free to go" before his consent to search will be recognized as voluntary. The Amendment's touchstone is reasonableness, which is measured in objective terms by examining the totality of the circumstances.
From FL v Bostick, 501 U.S. 429 (1991) (internal citations ommitted)
As Bostick says, he can ask you questions, he can ask you for ID, he can ask for your consent to search or be frisked. The key word in all of that is "ask". You can agree to answer or refuse, but you probably can't lie and claim that it's protected/free speech.The appropriate test is whether, taking into account all of the circumstances surrounding the encounter, a reasonable passenger would feel free to decline the officers' requests or otherwise terminate the encounter...
Even when officers have no basis for suspecting a particular individual, they may generally ask the individual questions, ask to examine identification, and request consent to search luggage, provided they do not convey a message that compliance with their requests is required.
Again, this is purely consensual. That means that the officer can't issue any commands in any way. No verbal orders: "Come here". No visual orders, like lights and siren. No coercion, as seen by a reasonable person. I'm not talking just about blatant stuff like pointing guns or blocking your path. For instance, if you give him your ID, you're not free to go while he's still holding onto it--a reasonable person would generally expect that back.
And from US v Drayton 536 U.S. 194 (2002)
As long as the cops keep it consensual, they can ask you for permission on 'most anything. Evidence that crops up along the way is completely admissible.Held: The Fourth Amendment does not require police officers to advise bus passengers of their right not to cooperate and to refuse consent to searches. (...)
When Lang (Spade: That's the LEO involved) approached respondents, he did not brandish a weapon or make any intimidating movements. He left the aisle free so that respondents could exit. He spoke to passengers one by one and in a polite, quiet voice. Nothing he said would suggest to a reasonable person that he or she was barred from leaving the bus or otherwise terminating the encounter, or would indicate a command to answer his questions. There were ample grounds to conclude that their encounter was cooperative and not coercive or confrontational. There was no overwhelming show or application of force, no intimidating movement, no brandishing of weapons, no blocking of exits, no threat, and no command, not even an authoritative tone of voice.
As a side note that doesn't really fit well anywhere, cops get to do a bunch of stuff before they even contact you. You have no reasonable expectation of privacy in your license plate: it belongs to the state, and cops can check it, can do a computer check of the registered owner and so on without any need to get your permission, and without any suspicion whatsoever. The only catch is that they have to be doing it for a LE-related purpose.