What gives a cop the right to just stop you on the street and frisk you and detain you if you have done nothing wrong this happened to me walking to the train after work I was just on my way home when a cop stopped me and detained my for almost an hour while he ran my background only to find nothing I've never been arrested in my life now should this make me mad or should I just let it go?
I was just minding my own business it was late and my bus had stopped running and I had to walk to catch my train home.
2007-11-20 17:03:44 · 11 answers · asked by shotokantiger71 2 in Politics & Government ➔ Law Enforcement & Police
A stop and frisk is permissible if the police have reasonable suspicion that you might be committing a crime. If you believe that you were detained without a supporting reason, you need to contact an attorney with experience in Section 1983 litigation. Obviously, without seeing the police reports from this incident or the statements of the officer, nobody can tell you if your rights were violated.
2007-11-20 17:15:13 · answer #1 · answered by Tmess2 7 · 6⤊ 0⤋
The US Supreme Court doesn't think it violates your rights. Search Terry v. Ohio for more info.
Even during a "Terry Stop", the officer is still required to have an articulable suspicion before a stop and frisk.
The simple thing to do is to ask if you are free to leave. If he says yes, do so. If he says no, take it up with a supervisor or an attorney later.
2007-11-21 01:12:26 · answer #2 · answered by trooper3316 7 · 4⤊ 1⤋
Well you must have done something like either you jay walked or maybe you walked on the street. If you didnt brake the law then he has no reason to stop you. If he called you and asked if he could talk to you and you said yes...then at that point he can talk to you and hold you. If they have no reason to stop you then you dont have to talk to the police you can just walk away. Maybe he was looking for someone that you matched the description of. There are many reason why he could have stopped and detained you.
2007-11-21 01:14:13 · answer #3 · answered by Mr. Happy 3 · 0⤊ 3⤋
Depends on the law in your jurisdiction However if the cop who frisked you was not the same gender and did not call for an officer of the same gender to perform the search. You have a sexual assault case.
2007-11-21 01:20:35 · answer #4 · answered by Sid B 6 · 0⤊ 3⤋
The United States Supreme Court gives them the right.
2007-11-21 01:12:44 · answer #5 · answered by "That One" 5 · 2⤊ 2⤋
Ridiculous. I have come to the conclusion that a substantial percentage of the police are out of control thugs. The other day in my home state of MD, an older couple had their home raided when the cops went to the wrong house looking for a dealer. While that may be an honest mistake, it gets worse. One of the cops shoots the couple's dog for barking at him, and they refused to let the woman go to her pet. After 45 minutes when they found out they had the wrong home, do you think they apologized or showed any remorse whatsoever? Nope, they just coldly walked out without a word. Scum.
2007-11-21 01:21:21 · answer #6 · answered by haywood jablome 4 · 2⤊ 5⤋
LIVID is the word. Our rights prevent such actions. But, there is a thing called "terriorist prevention" that is used to levy our rights from us. "We will give away more of our rights than they will ever take away!" When a cop asks a question of you, YOU HAVE THE RIGHT TO SAY NO. They coerce people into giving up their rights through intimidation and saying things like: Since you don't want me to search you, that makes me think you have something on you. Or: I will call a K9 unit to come here and then what will you do? And the one that pisses me off the most: We are trying to protect ourselves because I think you may be armed. Hesus, when are going to be real PATRIOTS and ACT like it? Read up on your rights and do not let those cops rob you of them, I get so peaved when people are like sheep to the slaughter; letting the politicians extract our inalienable rights. When the false pretenses of the patriot act are found out, it will be too late to get our (once again) inalienable rights back.
inalienable
adjective
1. incapable of being repudiated or transferred to another; "endowed by their Creator with certain unalienable rights" [ant: alienable]
2. not subject to forfeiture; "an unforfeitable right" [syn: unforfeitable]
WordNet® 3.0, © 2006 by Princeton University.
Merriam-Webster's Dictionary of Law - Cite This Source - Share This
Main Entry: in·alien·able
Pronunciation: in-'Al-y&-n&-b&l, -'A-lE-&-
Function: adjective
: incapable of being alienated, surrendered, or transferred
2007-11-21 01:22:25 · answer #7 · answered by boworl 4 · 3⤊ 5⤋
Almost an hour for a terry stop? You're not exaggerating a little bit are you?
2007-11-21 01:14:32 · answer #8 · answered by Anonymous · 4⤊ 1⤋
You're making this up. A cop isn't going to stop you for no reason. He needs "reasonable suspicion".
2007-11-21 03:26:27 · answer #9 · answered by Anonymous · 2⤊ 3⤋
The 14 th amendment covers "unreasonable search and seizure"
An officer has to have "reasonable cause" or
"justifiable suspicion" to believe a crime has been commited.
(and you are connected to that crime")
What happened to you happens here in So.,CA. often.
Officers many times will say that your tail lights are cutting in and out when you hit bumps in the road.
That is all they need to do as they please.
2007-11-21 04:15:16 · answer #10 · answered by ? 6 · 1⤊ 3⤋