Why Won't The Police Just Leave Me Alone

[AliceWonder]

My question involves police conduct in the State of: California

I walk just about everywhere. I don't have a choice, medically suspended license.
I try to see it as a sort of blessing - it keeps me somewhat physically fit, I don't have car payments, I don't have insurance payments, I don't have car repairs, gas prices skyrocketing doesn't affect me as much, etc.

But the truth is even when I was allowed to drive, I still walked quite a bit. I'm technically not Asperger's syndrome, at least I've never been diagnosed but I know people who are and I don't think I am, but I do have some tendencies in that camp. I am physically clumsy and I have always been somewhat of a social oddball. I like to walk. I think better when I walk, it's the movement. When I get stuck on some problem I usually solve it by walking. I can't work in a cubicle because I'm just not productive confined that way. I almost always have to have something on my head. Usually a baseball cap, but when it is cool or windy I wear a sweater with a hood. When my head is not covered, I just feel odd.

I'm also a night person. I can be a day person for short periods but I always resort to being a creature of the night.

This results me often walking at night. If I feel like I want a Mountain Dew, I'll walk to wherever sells one. If I need to think, I'll go walk and think. Even at 3 in the morning. That in turn results in a lot of confrontations with cops.

It's getting old. It's getting really old. First they blind me with their bright spotlight. That I can tolerate and understand. Then they ask me what I'm doing out at 3 in the morning, as if it is any of their business what I'm doing. When I tell them the truth - that I'm out thinking or getting a soda, they scoff at it and ask me what I'm really doing. They almost always ask me for ID and want to run it through their system. They ask me if I've ever been arrested, and I tell them no (true, I haven't been) they ask if I'm sure. As if being arrested was something I would forget. They ask me if I'm on drugs and when I tell them no (I haven't used drugs since my early 20's and back then it was only pot and only occasionally. I'm 39 now) they again ask if I'm sure and ask if I could pass a piss test. Often times they have one of their cop buddies show up and they pat me down to see if I have any weapons, which of course I never do.

Now when I'm out field herping (documenting wild reptiles and amphibians) at night and I have a backpack and photography gear on me, I can understand them being more thorough but I always notify the local PD and/or Sheriff of when I'm going to be doing, including a link to the database where I submit my finds, my Calif. ID, and my current physical description. With that and they generally leave me alone. Once a sheriff did stop by to talk and tell me where he often saw snakes warming on the road at night, which was kind of cool.

But I'm not going to notify the local police that I am going to go get a soda or need to think, nor should I have to, and I don't carry a backpack or camera even a fanny pack - but I still frequently get stopped and harassed by them.

I'm really starting to get sick of it. It just happens way too often. They don't pull people over for driving at 3 in the morning. In fact I think it is illegal for them to unless the person commits a moving violation. But I don't even have that option, I have no choice but to walk, so somehow I'm subject to being harassed by the local cops just because I happen to be epileptic and am not allowed to drive? What kind of bull crap is that?

I'm not doing anything suspicious (except when I field herp and notify them of what I am doing ahead of time), I stick to the sidewalk or street shoulder. I don't even J-Walk. Even if there are no cars around, I cross at the corner and wait for the walk signal if there is one.

I'm seriously tempted next time it happens to just ignore the cops request for me to stop. Not even look at him, just keep walking as if he wasn't even there. I won't be stupid, I'll walk with my hands out of my pockets and fingers spread just to make it clear I'm not armed, but I'm seriously tempted to just ignore them and see what happens, and if it goes badly, get a lawyer involved.

Today was a good day, I felt good all day long, everything was going dandy. Decided at 2 in the morning to walk to Winco to flirt with the cute Asian girl who works nights and get some frozen burritos. And a cop had to spoil things and put me in a bad mood. Second time it has happened on this trip to Bay Area (2 weeks here). I'm sick of it.

[cdwjava]

We pay the police to identify suspicious activity. People out at 3 AM tend to be up to no good. Very often they are looking to buy dope, looking to sell dope, or looking to steal something in order to afford dope.

We pay the police to be suspicious. If you're out at 3 AM you likely look suspicious and will attract attention.

They cannot detain you without reasonable suspicion, but they can certainly ask to talk with you. If they stop you and you want to keep going, ask if you have been detained and if they say no, then bid them a good evening and be on your way.

[AliceWonder]

So because I'm epileptic and have no choice but to walk when I want a bite to eat or something to drink because I am not allowed to drive I am subject to frequently being stopped?

People driving cars at 3 AM aren't stopped, aren't they just as likely as me to be out buying dope?

That's bologna. If I am doing something suspicious, then stop me.

If I'm walking down the sidewalk, maybe drive past me a few times but don't subject me to questions. That's highly discriminatory.

This guy is out, but since he's not in a car, let's harass him. Sorry, that's bull crap.

[aardvarc]

So because I'm epileptic and have no choice but to walk when I want a bite to eat or something to drink because I am not allowed to drive I am subject to frequently being stopped?

No, go back and READ what Carl said. It has nothing to do with being epileptic or not being allowed to drive. ANY person out on foot at 3 AM is going to be noticed by police. It's unusual for most people to be out on foot at 3 AM - THE TIME at which you're choosing to take these journeys is the major factor in why you're subject to attracting attention. Most people who would approach you at 3 AM are probably people you wouldn't want approaching you. Guess when most commercial and a good number of residential burglaries occur? It ain't at noon. Guess when lots of pedestrians (like you) become victims of rape or robbery? That ain't at noon either.

People driving cars at 3 AM aren't stopped, aren't they just as likely as me to be out buying dope?

This isn't accurate either. People driving cars at 3 AM get a lot more attention too - especially those who are in a residential area, are cruising around behind closed businesses, or "target" businesses (there's a REASON that convenience stores are known as "stop n robs") etc. Lots of agencies also have their DUI squads at "peak time" around 3 AM (and highway patrol gets some of their worst vehicle vs. tree, vehicle vs. building, and vehicle vs. pedestrian crashes around that hour too - cause it's within the "golden hour" after the bars close).

Sorry, but the bottom line is that most people are NOT out on foot at 3 AM - that's simply going to draw attention. As Carl noted, police can't detain you, but just as any hooker, john, drug dealer, or rapist can walk up to you in public and strike up a conversation to get a feel for whether or not they want or need to interact with you, so too can police. If you're not interested, simply say "goodnight".

It also doesn't help that although your activity is something you frequently do, it would appear that you don't do it in the same PLACE (your mention of only being in the area 2 weeks). Generally speaking, strangers get more attention than people who "belong" in an area. Police tend to work patrol areas and get to know an astounding number of people who are frequently within their areas - and once most of the officers in the area get used to your presence and have satisfied themselves that all's well, the most you're likely to get is a nod of recognition. Don't screw yourself by being a jackass over it - officers are doing what they're supposed to be doing to keep the community, including YOU, safe. (Cause guess what, they're also checking out the potential people in the area who might find you to be a juicy target walking down the street in the wee hours with no one else around.)

[cdwjava]

Catherine said it better than I could.

[aardvarc]

I gotta do SOMETHING with a crime analyst certification don't I?

[AliceWonder]

My parents live in Bay Area. I visit them 3 or 4 times a year.
Grandmother recently died, this is a long stay because they have 4 adopted special needs kids and someone has to watch them while they deal with the bankers etc. associated with the trust.

I think what I'm going to do is simply send an e-mail before each visit informing them who I am and that I am going to be in town and that when they stop me, I mean no disrespect when I ask if I'm being detained and then walk away.

But it is profiling, and it is discriminatory profiling.
There are many legitimate reasons for a person to be walking on the sidewalk regardless of the hour. I should only be stopped if there has been a reported crime or I match the description of someone on a warrant or I am seen doing something illegal.

They don't stop cars driving around at 3 or 4 in the morning. There's not only a 24 hour convenience store, there's a 24 hour super market.

But since I am not in a car I am being profiled as someone they need to talk to, and legal or not, that is bad behavior on the part of Police and it needs to change.

I don't want to live in a country with a gestapo who says "Papers please".

EDIT:
Being without a drivers license is hard enough. There are numerous job opportunities I can not take because I do not drive - and the job I can do from home, computer programming, is largely being outsourced overseas.

I can't really stock up on anything because the cab drivers refuse to do short runs - I can only have a cab pick me up from grocery store if I shop at a grocery store far from home.

Neighbors say they will help but that is more about them feeling good about themselves than really wanting to help. After once or twice, they start finding excuses why they can't help me with the grocery shopping.

On top of all that, to then be stopped by police because I'm stuck being on foot, it is just getting really tiresome.

Don't stop someone because he's on foot. Stop him because he did something against the law.

[PTPD22]

Yes, it IS profiling. But, no, it is NOT discriminatory profiling. As has already been explained to you, it is profiling based on BEHAVIOR that IS suspicious. And, no, that is not "bad behavior" on the part of the police and, no, it does not "need to change." The first time you get beat up and robbed of your burrito money by some meth-head (who are the NORM to see walking the streets at 3 am), maybe you'll understand why cops should continue to pay attention.

You keep saying that the cops shouldn't "stop" you. And, as has again been repeatedly explained to you, the cops aren't stopping you. The term "stopping" you very strongly implies that they are detaining you. No, they aren't. If they are just talking to you, then you are FREE TO LEAVE. Just ask the cop, "am I being detained?" If the cop says no, then tell him goodnight and walk away. No need to feel harassed, aggravated, or pissy. You are not a victim...and the police keeping an eye on characters skulking the dark streets at 3 am is what is keeping you from being a victim.

If the cop says that you are not free to leave, then cooperate and let him/her investigate whatever they think they have. When they are done, ask him/her what crime they suspected you were involved in and what circumstances led to that suspicion. He/she is not obligated to answer. But, if they refuse to answer, or give an answer that you find unsatisfactory, tell him/her that you feel you were unlawfully detained and intent to make a complaint. Then do just that. Your right to do THAT is what differentiates us from someplace where "Gestapo" demand your "papers."

Get a grip. You choose to behave in a manner that, very reasonably, draws police attention. While your behavior is not unlawful, it IS nonetheless similar enough to behavior common to criminals that it is very reasonable for cops to take notice. In spite of your sob story, you behave in this manner by choice. You DO have other options. So, you can either choose to change that behavior or simply accept that you are going to draw police attention.

Ok...I'm stepping down from my soapbox now.

[AliceWonder]

I have been beaten up and robbed on two occasions.

Both times, it was people working in pairs, not walking alone as I do.

I don't choose to behave in a manner that draws attention. I can't choose to drive. I have no problem with a cop sitting in his car and watching me walk. I've seen cops do that, that's fine. I have no problem with cops driving past me several times. I have seen them do that, that is also fine.

You like to phrase it that I am not being stopped but that's semantics. When a cop first shines a bright light in your face, then asks you to approach him with your hands where you can see them, that is being stopped. I don't even mind the bright light being shined in my face when they drive by, that's short term and it doesn't really slow me down. I do mind when it is kept in my face as they ask me to approach with my hands where they can see them. That causes my pupils to shrink and then have to re-adjust to the dark when they are done.

I'm going to try the letter thing to the department before I visit my parents and see if that works. Where I live up in Redding, they don't stop me anymore except when a new officer is in my area but they do it where my parents live all the time. Every time I come to visit even for a few days, I get stopped at least once.

I hope I don't have to go the route of getting a restrictive law specifically passed to finally get officers to do the right thing, because such restrictive laws can have unintended consequences. It would be nice if officers could just remember that they are law enforcement, and when no law is being broken, leave the people they are suppose to protect and serve alone.

I generally like cops, but this behavior really is starting to make me resent them, and that's a problem. It's not good when people resent the police.

[free9man]

I do mind when it is kept in my face as they ask me to approach with my hands where they can see them. That causes my pupils to shrink and then have to re-adjust to the dark when they are done.

Re-adjustment shouldn't take that long, at least not longer than the time it takes you to speak to the officer who shined it in your eyes in the first place.

I'm going to try the letter thing to the department before I visit my parents and see if that works. Where I live up in Redding, they don't stop me anymore except when a new officer is in my area but they do it where my parents live all the time. Every time I come to visit even for a few days, I get stopped at least once.

I don't think a letter saying "Hey, I'm gonna be in town. Leave me alone when I'm walking at night." is gonna get you very far. As has been mentioned previously: if you tend to get stopped at night once all the officers on the graveyard in the area get used to you, the stops should stop.

I hope I don't have to go the route of getting a restrictive law specifically passed to finally get officers to do the right thing, because such restrictive laws can have unintended consequences. It would be nice if officers could just remember that they are law enforcement, and when no law is being broken, leave the people they are suppose to protect and serve alone.

Good luck with that.