He asked me if I lived in the area. I told him yes. He asked to see my drivers license which I showed him. When asked why he had stopped me though others were around, he said that their had been a lot of breakins in the area and that he had never seen me in the area before (eventhough Ive lived there for 4 years.) Did he have the right to do this?
2007-11-25 05:42:00 · 19 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
...just a clarification. I was walking on the side walk....and he said let me see identification. (fortunately, I happen to have it with me. Up to that time, I didn't normally take my drivers license when walking to the library.) Let me say that as a normal law biding citizen, I am outraged but this rather arbitrary style of policing and mismanagement of taxes especially knowing that there are criminals out there and crimes that remained unsolved.
2007-11-25 09:20:44 · update #1
In Dubbya's Amerika, yes, they can stop you for no reason. They can even racially profile you, because hey... you might be a gangbanger... or a terrorist... or a pedophile... or a steroid user.
Regardless of the Bill of Rights, in today's world, you only have 1 basic right: serve your leader.
yes, the police can stop you if they suspect you of anything. They require no excuse to stop you and demand identification. They can stop you because you're white and bought chocolate ice cream. They can stop you if you're tired. They can stop you if you're whistling Dixie. They can stop you because you go to the Library and dare learn new things.
2007-11-27 15:52:37 · answer #1 · answered by mightyspoo 3 · 0⤊ 1⤋
Absolutely he had the right. He articulated why he stopped you. Three levels of suspicions - Mere, Reasonable, and Probable Cause.
The procedure that he applied was called "Stop, Question, and Frisk" - he had reasonable suspicions due to the fact that a crime was committed, was being committed, or in this case as the fore, was about to be committed (you stated that he informed you of burglaries in the area). Reasonable suspicion also allows the officer to detain you without arresting you.
The officer created an omnipresence as one answer stated, which is a component of this LEGAL practice.
When interviewed on the street by the officer this suspicion may be raised due to your answers and/or furtive conduct to probable cause which leads to arrest. A state or governemnt form of identification is usually the only legit form used - a significant amount of states require either a state I.D. or drivers license to be maintained in order to identify you - in a post 9/11 world that is basically a ground ball. If you do not have I.D, on you, you can be detained in order to identify who you are - so be wary of those who say otherwise - we call those in law enforcement "Jailhouse lawyers".
You may want to read this article as it will answer your questions pertaining to this law.
http://faculty.ncwc.edu/toconnor/frisk.htm
If this outrages you contact your congressman to help change the laws - in the mean time if someone breaks into your home don't call the police - the stops are NOT arbitrary, if you read these answers and read the laws you will see that they are there to protect you - law isn't a tool of convenience in a free society.
Why ask questions as this one if there is a possibilty you won't only disagree with the right factual answer, but the articulation and justifications?
SInce you state there were "breakins" (sic) in the area would that not be an "Unsolved Crime" as you state being investigated by the officer doing the stop?
2007-11-25 06:31:12 · answer #2 · answered by ? 5 · 2⤊ 0⤋
In an area where there has been heightened criminal activity, the police are just making themselves more visible to discourage possible criminals. By stopping you, they are just doing their job, not because they think you are a criminal, but because they are trying to show that they are there in the area, and will be enforcing a strict habit of watching all inhabitants. Don't worry, an id check is just routine.
2007-11-25 05:52:24 · answer #3 · answered by i_8_the_canary 4 · 1⤊ 0⤋
Police have a right to stop people for any reason, except if they are profiling(stopping those of latin origin,those of color, etc.) He appeared to be doing his job and if you were an unfamiliar face even with your tenure, I do not see why you are so disturbed. What's the big deal? Isn't it better to have an officer who is diligent rather than one who lets everything slip by? Give me a break. Grow up.
2007-11-25 05:53:17 · answer #4 · answered by googie 7 · 2⤊ 0⤋
The police can stop pedestrians and ask questions. However, you are not required to carry a driver's license to walk down the sidewalk. I am not sure if they can require pedestrians who do have identification to show it, but you said that he "asked", not that he demanded it.
If you were literally walking down "the street" (and not using the sidewalk), then he might have been able to charge you with jaywalking.
2007-11-25 08:02:37 · answer #5 · answered by StephenWeinstein 7 · 0⤊ 1⤋
If you looked suspicious and he can articulate why, then yes. Even if he forced you to stop (detain)
Also, it's all about phrasing. There is a huge difference between an officer "asking" to see your driver's license and one demanding to see you license.
If the officer says "Hey, can I talk to you for a second?" and "Can I see your license?". Then he is just asking questions and you are voluntarily complying with him.
2007-11-25 05:50:15 · answer #6 · answered by Kenneth C 6 · 6⤊ 0⤋
Yes, and be glad he was being watchful. If there were breakins in your area, don't you want the police there asking questions? You should have thanked him.
2007-11-25 06:13:05 · answer #7 · answered by Anonymous · 1⤊ 0⤋
He can justify probable cause. The best course of action is to be polite. When you have an issue with an officer, he/she will know it and think something's up. Best to keep a low profile.
2007-11-25 05:50:33 · answer #8 · answered by nekidasajaybird 4 · 0⤊ 0⤋
Yes he can talk to you. By the way learn his name. Tell him hello next time. Be friendly. Make a new friend. Police are humans too.
2007-11-25 07:31:53 · answer #9 · answered by Kent N 2 · 1⤊ 0⤋
He could have been ordered to keep a closeful watch on the area. Don't take it personal , just cooperate and if he can't find a charge usually they will send you on your way .
2007-11-25 05:46:42 · answer #10 · answered by Anonymous · 4⤊ 0⤋