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  1. #1
    Join Date
    Sep 2007
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    28

    Default When do the Police Have to Articulate Reasonable Suspicion

    My question involves police conduct in the State of: California

    For your consideration:

    If asked, are police / law enforcement obligated or required to provide "specific and articulable facts" of suspected criminal activity directly to the person (suspect) they inform is not "free to go"? Or, may the police evoke Terry (including the demand someone ID themselves) without articulation of RS to their detainee?

    Please provide your qualifications or a profile when answering.

    (If this has been addressed directly elsewhere, I did not find it in an initial forum search)

  2. #2
    Join Date
    Mar 2013
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    17,610

    Default Re: Articulating Reasonable Suspicion

    They don't "have" to tell anybody anything.

    But they would have to justify their actions in court.

    Don't need any "qualifications or profile" to know that.

  3. #3
    Join Date
    Sep 2013
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    833

    Default Re: Articulating Reasonable Suspicion

    Quote Quoting Ranimal
    View Post
    My question involves police conduct in the State of: California

    For your consideration:

    If asked, are police / law enforcement obligated or required to provide "specific and articulable facts" of suspected criminal activity directly to the person (suspect) they inform is not "free to go"? Or, may the police evoke Terry (including the demand someone ID themselves) without articulation of RS to their detainee?

    Please provide your qualifications or a profile when answering.

    (If this has been addressed directly elsewhere, I did not find it in an initial forum search)
    No. Read Terry v. Ohio and do not listen to all those border stop YouTube videos.

    Imagine:

    Officer pulls out fire arm. "Stop! Police! Do exactly what I say or I will take the appropriate action!" Person starts running. Cop yells while beginning the chase: "I saw you do a hand to hand transfer in a high-crime neighborhood with a known drug dealer." (Puff, puff, deep breath.) "Then I saw you put an item in your left front pocket with a furtive motion." (Jump over fence.) "I also see a suspicious bulge that appears to be a weapon under your shirt."

    Qualifications:
    Read the case. Learned to be sarcastic in Junior High School and recognize silliness when I see it.

  4. #4
    Join Date
    Sep 2007
    Posts
    28

    Default Re: Articulating Reasonable Suspicion

    Adjusterjack: Reading comprehension is a desirable qualification. I did not use the word "have".

    Welfarelvr: I'm not sure what border stop videos you are referring to, but thank you for your imagined scenario. However, your encounter did not include the detainee actually asking why he was being detained.

    Would you care to formulate a less extreme, barrel of the gun, scenario that doesn't involve silliness or sarcasm? Or, perhaps I came to the wrong forum for reasonable conversation with the regulars.

    Are there any police, attorneys, or qualified individuals who would care to chime in? I know you are lurking.

    Thanks.

  5. #5
    Join Date
    Jul 2010
    Posts
    7,813

    Default Re: Articulating Reasonable Suspicion

    Quote Quoting Ranimal
    View Post
    My question involves police conduct in the State of: California

    If asked, are police / law enforcement obligated or required to provide
    Quote Quoting Ranimal
    View Post
    Adjusterjack: Reading comprehension is a desirable qualification. I did not use the word "have".
    No, you did not use the word "have". You did you the words obligated or required to provide, which are essentially the same thing.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Articulating Reasonable Suspicion

    If asked, are police / law enforcement obligated or required to provide "specific and articulable facts" of suspected criminal activity directly to the person (suspect) they inform is not "free to go"?
    no
    Or, may the police evoke Terry (including the demand someone ID themselves) without articulation of RS to their detainee?
    yes


    any more questions?

  7. #7
    Join Date
    Sep 2007
    Posts
    28

    Default Re: Articulating Reasonable Suspicion

    Hey, so good of you to look out for Adjusterjack.

    "...essentially the same thing".

    That would be funny to hear thrown around in a court proceeding.

  8. #8
    Join Date
    Jul 2010
    Posts
    7,813

    Default Re: Articulating Reasonable Suspicion

    I was trying to be polite. Guess that didn't work. They are, for all intents and purposes, the same thing. If you are required to do something, you have to do it. If you are obligated to do something, you have to do it. See how that works? See those "haves" in there?

  9. #9
    Join Date
    Sep 2007
    Posts
    28

    Default Re: Articulating Reasonable Suspicion

    Yes there is another question in my previous response to you, but you chose ignore it. You position on the issue seems rather staunch, so it appears you won't be imagining anything more.

    ....

    Any LE or Attorneys wish to chime in?

  10. #10
    Join Date
    Jul 2010
    Posts
    7,813

    Default Re: Articulating Reasonable Suspicion

    Quote Quoting Ranimal
    View Post
    Any LE or Attorneys wish to chime in?
    How do you know they haven't? Is the same answer from someone in one of those fields going to be sufficient for you? Cause guess what, it will be the same.

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