Compliance

[JohnSmith86]

What am I legally obligated to say to a police officer when they stop me? Are there ever circumstances in which I am allowed to walk away from a police officer?

For instance, let's say that I am simply taking a walk at night in a nice neighbourhood and I get stopped. In this case, what am I legally obligated to divulge and what can I keep secret? Note: I know that it is in my best interest to be completely open and honest with law enforcement, and I agree with this and understand its necessity, but I would still like to know how much power they truly have over me.

Another scenario: let's say that I've identified myself and a crooked cop starts to talk to me in a way that I do not appreciate... In this case, can I walk away without getting into trouble? What prevents me from doing so?

Feel free to post whatever is on your mind. Thanks!

[Curt581]

How would you know the cop was crooked before you talked to him?

Seems like you've got an axe to grind, or at minimum, a predisposition of anti-police/authority.

I suggest you get your answers from an attorney. We are expressly prohibited from giving legal advice. And yes, telling you what you should or should not say to a police officer would be giving legal advice.

Have a nice day.

[PapaBear]

If the cop is "crooked" there would be, at least in the movies, a reasonable chance you would be set upon and viciously pummeled until you complied.

In real life, I am quite certain you will not find an officer of such ill repute to harass you for absolutely no reason.

My question here would be do you have something to hide? :p

[Legoate]

Why don't you try just walking away from an officer when you don't like what he's saying and see how it works out for you.

I can see a future for you which includes handcuffs and the back seat of a police vehicle. Hey, but to each his own.

[Johninaustin]

When does school start in your area?

[Citicop]

Police encounters can be divided (roughly) into three levels:

1.) Voluntary: Here the officer needs no burden of proof and either party can end the encounter and walk away at any time.

2.) Detention: If an officer has "reasonable suspicion" that a crime has or is about to occur, and he further believes that a person may know something about this crime, he may briefly detain a person to investigate. This is more limited in scope and time than an arrest, but in my state, it is against the law to resist any lawful detention.

3.) Arrest: If an officer has "probable cause" to believe that a crime has been committed and that the person has committed the crime, then he may place the person under arrest. Resisting arrest is also a crime.

So the question really is: Why did the officer stop you? What burden of proof does he have?

If you don't know, then perhaps you will save yourself a heap of trouble if you comply...

(Also note that the officer is not required to TELL YOU the reason to make the arrest or detention valid, so demanding to know his probable cause will not be helpful either).

[Roger Dat]

All of these posts about what do I HAVE to tell them and what I can I get AWAY with not doing just pisses me off. If your not doing anything wrong this NEVER becomes an issue.

[phantasm]

Do not behave like the harvard professor.

[Kimble]

Do not behave like the harvard professor.

Why? Wasn't Gates' behavior rewarded with a free beer?

[kels]

Sorry this is the ask a cop forum.

You are looking for the ask a lawyer forum.

[Outshined]

what am i legally obligated to say to a police officer when they stop me? Are there ever circumstances in which i am allowed to walk away from a police officer?

whatever they ask you. Yes in a bar when he asks you to dance.

for instance, let's say that i am simply taking a walk at night in a nice neighbourhood and i get stopped. In this case, what am i legally obligated to divulge and what can i keep secret? Note: I know that it is in my best interest to be completely open and honest with law enforcement, and i agree with this and understand its necessity, but i would still like to know how much power they truly have over me.

lots and lots



another scenario: Let's say that i've identified myself and a crooked cop starts to talk to me in a way that i do not appreciate... In this case, can i walk away without getting into trouble? what prevents me from doing so?

tasers

feel free to post whatever is on your mind. Thanks!

ok!

[SnapShawt]

Well if he doesn't have his hat on then you don't have to do anything he says, that's for sure!

[JohnSmith86]

By stating "Feel free to post whatever is on your mind. Thanks!" I didn't think that I would be getting spammed. The only useful post is Citicop's. The rest are useless. Future notice: please spam elsewhere. Thank you.

Now with that said, I have a few things that I would like to discuss...

1.) Voluntary: Here the officer needs no burden of proof and either party can end the encounter and walk away at any time.

I have read from several sources that one MUST identify one's self to any and every police officer (if and when asked). Is this true even during a "voluntary" encounter?

Next, can the voluntary encounter "become" (or turn into) a detention IF, say, I chose to walk away as an officer is questioning me? More specifically: does this "walking away" give them the reasonable suspicion which they require in order to detain me?

2.) Detention: If an officer has "reasonable suspicion" that a crime has or is about to occur, and he further believes that a person may know something about this crime, he may briefly detain a person to investigate. This is more limited in scope and time than an arrest, but in my state, it is against the law to resist any lawful detention.

Does reasonable suspicion include a gut-instinct response? For instance, if I'm walking late at night and I'm dressed in dark clothing, backpack, and I'm walking in an area that recently had a rash of burglaries... Would there be enough reasonable suspicion within this scenario to warrant a detention? I would like to understand what exactly "reasonable suspicion" means. Furthermore, does a "Terry stop" fit into this category? If so, then can the contents of my backpack remain unknown? In other words, if a cop asks "what's in the bag?" can I kindly reply "that does not concern you" without getting into trouble?

Next, would it be considered "probable cause" for an arrest IF I didn't show them the contents of my bag (under any circumstances)?

3.) Arrest: If an officer has "probable cause" to believe that a crime has been committed and that the person has committed the crime, then he may place the person under arrest. Resisting arrest is also a crime.

If possible I would also like to get "probable cause" defined. For instance, let's say there is an ongoing investigation going on in my neighborhood and it just so happens that I'm taking a walk (with a backpack on) late at night and I match the description of someone who was seen burglarizing a home. Obviously, I'll get stopped and questioned, but what if I don't respond to any of the questions and choose to remain quiet, only giving my identity and submitting to a pat-down... What I want to know is: will "silence" ever give an officer probable cause to arrest me and take me down to the station for further questioning? By the way, this "further questioning" would be pointless because I have "chosen" to remain quiet. The only thing that such an arrest would reveal is the contents of my bag. Those contents would prove "normal".

(Also note that the officer is not required to TELL YOU the reason to make the arrest or detention valid, so demanding to know his probable cause will not be helpful either).

What if I know that there is no "probably cause". For instance, let's say that I didn't do anything wrong but I match, say, a burglar's description. Is this enough to arrest me?

It seems that I am legally obligated to do two things to be perfectly safe from breaking the law: 1) identify myself, and 2) subject myself to a pat-down. Is this correct? What if I do all these things and there is a police officer that keeps questioning me even though I have clearly stated that I am not interested in answering any of his questions... In this case, can I walk away? If not, why not? What keeps me there and of what use am I if I chose to not answer any of their questions?

One last thing: I'm asking these questions solely out of curiosity and that is all. If it came down to it, I would "probably" be 100% compliant and open with law enforcement. In the past, I've been asked about the contents of my bag and I didn't mind opening opening it up. I'm a good person and I think highly of all law enforcers.

These questions interest me because I want to know exactly how free I am. I hope this is OK with you.

[acreature]

By stating "Feel free to post whatever is on your mind. Thanks!" I didn't think that I would be getting spammed.

Someone try to sell you penis enlarging pills? Then you weren't spammed. Look up "Sarchasm"

Rather than endlessly read your post.... give a specific incident with detail. Preferably with what you know, and with what the Officer knows. Because, without full knowledge of any encounter out of our presence, we cannot give an accurate response.

[Citicop]

You do not have to identify yourself to a police officer in a voluntary encounter in my state.

If you are in a voluntary encounter, and you start to walk away, and the officer detains you... You weren't in a voluntary encounter to begin with. You don't know the reason you were contacted. The officer could be being friendly even though he has R.S. to stop you.

"Reasonable Suspicion" means that a reasonable person would believe that there might be criminal activity afoot, and that the person may know something about it. The scenario you talked about- Walking down the street wearing all dark clothing at night and wearing a backpack in an area plagued by a recent rash of burglaries is plenty of Reasonable Suspicion to stop you and talk to you for a few minutes.

"Terry Stops" are Reasonable Suspicion detentions. You can be patted down for weapons in a terry stop, but not searched. Your bag would be off limits in those cases. You cannot be arrested for refusing consent to search, but your lack of cooperation may extend the length of the detention to some degree (like until I can get a drug dog to the scene). I could also separate you from the backpack temporarily to keep you from retrieving a weapon from inside.

"Probable Cause" means that there was a crime committed, and there is at least a 51% chance you did it.

You can't possibly know that they don't have probable cause at the scene.

If officers are looking for a burglary suspect who was just seen leaving the scene of the crime, and you match the description (height, weight, build, sex, race, clothing, direction of travel, and backpack), and they stop you, and you don't want to answer reasonable questions, then you could easily be arrested. I might detain you to get a witness to the scene for a "show up" identification, but you never know what information the police have.

Probable cause does not have to be foolproof. It does not have to be able to support a conviction for the charge. It just means that it's likely that you are involved in a crime.

If you are innocent, you really do serve your interests best by cooperating. It will shorten the length of the encounter, and save you and the officer an unnecessary headache.

There are many things that I am free to do that I choose not to do. Just because I CAN walk away from an officer does not mean that it's a good idea to do so. Just because I CAN remain silent does not make it the smart choice.

They're your rights, use them as you see fit. But remember that I know what your rights are better than you do. If you are wrong about what you think you can do, you may wind up in a cell.

-Citicop.