October 16, 201510 yr In Terry v Ohio Justice White said... "There is nothing in the Constitution which prevents a policeman from addressing questions to anyone on the streets. Absent special circumstances, the person approached may not be detained or frisked but may refuse to cooperate and go on his way. However, given the proper circumstances, such as those in this case, it seems to me the person may be briefly detained against his will while pertinent questions are directed to him. Of course, the person stopped is not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest, although it may alert the officer to the need for continued observation."[5]
October 16, 201510 yr Author Time of day, what he was wearing, what he was doing, crime in the area, how he acts when you talk to him... Police can strike up conversation with anyone. When the officer did with this man, he was out of breath and his answers were evasive. I understand him exercising his rights, but I also understand why his answers could cause suspicion. The officer probably is familiar with that area. It's possible that people running through there at 1230 am is not common. If he stopped the one black guy out of a group of 10 joggers, I could agree right away with racial profiling. Id also be interested in what the guy was wearing. I get all of the logic behind the officer requesting the ID. That's not what I'm asking about. I'm asking what has to be present in order for the officer to have the RIGHT to demand ID.
October 16, 201510 yr I get all of the logic behind the officer requesting the ID. That's not what I'm asking about. I'm asking what has to be present in order for the officer to have the RIGHT to demand ID. See, Code of Alabama, 1975, sections 15-5-30 and 15-5-31- Section 15-5-30: Authority of peace officer to stop and question. "A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions."
October 16, 201510 yr Did the officer ever force him to give his information? I'm under the impression he was released without doing so.
October 16, 201510 yr Author See, Code of Alabama, 1975, sections 15-5-30 and 15-5-31- Section 15-5-30: Authority of peace officer to stop and question. "A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions." Cool. Appreciate the lookup. So we have a guy jogging/walking late at night. The police did not (apparently) have any crimes reported that evening. Based on the wording used in Alabama was there justification for not letting him go immediately after the initial conversation? Why make him show his ID?
October 16, 201510 yr That phrase is everything with LE encounters, if you are not being detained, you can walk right off. It's the most powerful phrase citizens have to LE.
October 16, 201510 yr Did the officer ever force him to give his information? I'm under the impression he was released without doing so. Well, after the officer says, "Get over here boy", the cop then states that he is being detained & is not free to go.
October 16, 201510 yr See' date=' Code of Alabama, 1975, sections 15-5-30 and 15-5-31- Section 15-5-30: Authority of peace officer to stop and question. "A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions."[/quote'] Police use reasonable suspicion very loosely, I understand it's their job to naturally be suspicious and find crime but they def exploit citizens with it who aren't aware of the law with it.
October 16, 201510 yr Well, after the officer says, "Get over here boy", the cop then states that he is being detained & is not free to go. You didn't answer my question, but ok.
October 16, 201510 yr Did the officer ever force him to give his information? I'm under the impression he was released without doing so. Well, after the officer says, "Get over here boy", the cop then states that he is being detained & is not free to go. You didn't answer my question, but ok. My answer would be "yes" -- when the officer detains the individual & states that he is not free to go, yes, the officer is forcing him to provide his information. Now, whether or not he actually provided him with the information is a different question & I do not know the answer to that.
October 16, 201510 yr My answer would be "yes" -- when the officer detains the individual & states that he is not free to go, yes, the officer is forcing him to provide his information. Now, whether or not he actually provided him with the information is a different question & I do not know the answer to that. He never provided anything other than his first name as far as I know. So he didn't force him to give up any information.
October 16, 201510 yr Author He never provided anything other than his first name as far as I know. So he didn't force him to give up any information. It was clear they were wanting him to think he HAD to comply, thus, my question.
October 16, 201510 yr Interesting exchange between a black man jogging late at night in Alabama and an officer who stopped him. He keeps asking "Am I being detained?" Answer is "no." What does the law say about the rights of the person who is not being detained but is being told they must show ID? Man Perfectly Responds to police questioning for ?Jogging While Black? - The Daily Beast Haven't read any of this thread but if he isn't being detained then he can leave immediately, if not, or if there are any expectations, like having to show ID, then it is a detention.
October 16, 201510 yr Haven't read any of this thread but if he isn't being detained then he can leave immediately, if not, or if there are any expectations, like having to show ID, then it is a detention. Officer told him he was being detained.
October 16, 201510 yr Officer told him he was being detained. Then he has the right to remain silent.
Archived
This topic is now archived and is closed to further replies.