I am a fairly new LEO, and I was going through my statute book, and I read that no reasonable suspicion is required to have a "concensual encounter" with a citizen. This is fine, however, the statute book states that, "if reasonable suspicion is developed as a result of such an encounter, the officer may continue the investigation, and if PC is developed, may make an arrest."
If a habitual drug dealer is speaking to me, then turns and runs, does his not qualify as reasonable suspicion for me? My Corporal says no, but the book indicates otherwise. Any thoughts from veteran LEO's? Thanks.
2007-01-08 18:44:24 · 8 answers · asked by georgeh1981 3 in Politics & Government ➔ Law Enforcement & Police
Here it would depend. We can detain based on reasonable suspicion of a crime alone, so it stands to reason you would have to be able to articulate what crime had been or was about to be committed.
One of the UK coppers brought up a good point, watch him before you make contact, you'll probably get your reasonable suspicion there.
Because the guy is a doper and doesn't want to talk to you, you can't chase him down and hook him up. But, if he is a known drug dealer in an area known for drug dealing, and you have seen him have several 1 minute contacts with people off the street oven the course of the last 10 minutes, you're golden.
Just remember that no amount of dope is worth getting yourself killed or in hot water. If the corporal says no, treat his opinion as gospel until you can prove otherwise.
Be safe.
2007-01-09 07:50:08 · answer #1 · answered by Anonymous · 0⤊ 0⤋
He's allowed to turn and run from what is consensual because you are not detaining him or anything like that. Just because he is a habitual drug dealer does not necessarily mean he is dealing drugs or possesses them at the time of your encounter. If you chase him however and find drugs, it very well may hold up. But follow what your corporal says for now. Don't worry, the dealer will be caught later anyway. :-)
2007-01-08 19:05:47 · answer #2 · answered by TCSO 5 · 0⤊ 0⤋
Kind of like the Beagle and the Bunny right? They run, so we chase them. The big problem with doing stuff like this is we get killed doing it.
Be careful, use your head. If your Corporal tells you not to do something, check around before you decide to do it anyway.
As the other lister wrote, that drug dealer was there before you came on the PD and he might be there after you're gone for not following orders.
Just remember, the best way to find yourself unemployed is to ignore the advice of supervisors when you start. I chafed under the restrictions some of the old-timers put on me when I started. I found out some of what they said was to try and help me, some of what they said was so they didn't look bad for being lazy.
I don't know about you, but I never wanted to do another job from 6th grade until my career ended after 21 years. So take it easy, learn what you're doing, and when you do something and can back it up with case law then, that shuts most of them up.
I have seen quite a few promising young officers get themselves jammed up over stupid stuff, trying to prove a boss wrong. Bosses may forgive some things, but the bad ones never forget when you get over on them....
Be safe out there Brother, be safe.
2007-01-08 19:48:18 · answer #3 · answered by Lt. Dan reborn 5 · 0⤊ 0⤋
Yes it is all in articulation......A reasonable person having a consensual contact with an officer doesn't typically run you would have reasonable suspicion to detain him base on your prior contact and knowledge of him being a drug dealer but would still have to find some sort probable cause to arrest him
2007-01-08 19:49:06 · answer #4 · answered by Hawkeye77 2 · 0⤊ 0⤋
UK: A few years back now when the new Stop/Search laws were introduced over here, I could not believe the interpretations that were being put on them by our instructors. However, they were proved right and many young officers found themselves in hot water over illegal 'stops/search'. It may be frustrating but my advice to you would be to accept your instructions as they stand at this time. Possibly, had I been in your position, I would have chased him and watched what he possibly discarded. I would not have touched him otherwise you would be assaulting him. As the other answers suggest 'he'll come again'. Next time observe him before deciding to have a 'consensual encounter' and you will probably have your probable cause. Stay safe......
2007-01-08 20:12:43 · answer #5 · answered by thomasrobinsonantonio 7 · 1⤊ 0⤋
A person's actions and history and other factors when worded well in your PC/Complaint affidavit can be seen as probable cause. Especially if you just walk up and start talking to him and he starts to run.
2007-01-09 00:27:53 · answer #6 · answered by deftonehead778 4 · 0⤊ 0⤋
Check your state's caselaw. I know in NJ someone running for no reason does not make reasonable suspicion.
2007-01-08 22:33:10 · answer #7 · answered by Judge Dredd 5 · 0⤊ 0⤋
Arrest them, no one should run, but a lot of guilty people do,
by the book though.....
2007-01-08 19:35:58 · answer #8 · answered by gorglin 5 · 0⤊ 0⤋