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  1. #11
    Join Date
    Sep 2005
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    California
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    20,539

    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    Quote Quoting RJR
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    Does the same go for a traffic stop, no reason needs to be given? Of course if an arrest or citation is made it will be recorded.
    Correct, no reason for a detention must be provided - even a traffic stop.

    Although, even in the academy officers are taught to explain the reason for the stop upon contact with the driver. While the LAW does not require this, today it is considered an element of so-called best practices to do so.

    Also, the citation may not include the reason for the stop, so the cite may not explain why you were stopped. It is possible that an officer could have observed you roll through a stop sign and then, upon contact, found that your registration was suspended for some reason. He might issue you a ticket for the registration but not the stop sign offense. His notes on the back of the cite might indicate that reason, but the copy of the cite you receive would only have the registration offense and not the stop sign violation.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  2. #12
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    331

    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    OK, thanks a lot Carl!

  3. #13
    Join Date
    Jan 2020
    Posts
    2

    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    Quote Quoting RJR
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    What were you doing at the time you were summoned? What reason do believe he told you to go over to him? Acting disorderly, loitering, littering, shouting, acting in a way to draw attention to yourself?
    I was talking to some friends. I wasn't sure who he was talking to but he chased me so then I knew he was talking to me

  4. #14
    Join Date
    Sep 2005
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    California
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    20,539

    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    Quote Quoting Jrf1977
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    I was talking to some friends. I wasn't sure who he was talking to but he chased me so then I knew he was talking to me
    Yep! That would have been a clue.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #15
    Join Date
    Mar 2013
    Posts
    17,630

    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    Quote Quoting Jrf1977
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    I was talking to some friends. I wasn't sure who he was talking to but he chased me so then I knew he was talking to me
    What happened after he caught you?

  6. #16
    Join Date
    Dec 2019
    Posts
    156

    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    Quote Quoting cdwjava
    View Post
    While there may be some state that requires it, in California the police are NOT legally required to inform you why you are being detained. He may answer the question as to why, he may not.

    Legally, if they command you to move or to stay, that is a detention. While it might still be acceptable to ask if you are being detained, all they would have to advise you is, "Yes." No further explanation would be necessary.
    All I meant was that police often "detain" people they are not legally allowed to detain. They ask questions that people are not legally required to answer but feel pressured to answer. Asking "am I being detained" will put the officer on notice that you feel he is detaining you and that he must have a legal reason to do so.

    If a person wants to chat with the police that is fine. If they do not want to, they should know how to not chat with them or be detained by them. Wouldn't you agree?

  7. #17
    Join Date
    Oct 2016
    Posts
    3,677

    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    Quote Quoting CONNOR99
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    All I meant was that police often "detain" people they are not legally allowed to detain. They ask questions that people are not legally required to answer but feel pressured to answer. Asking "am I being detained" will put the officer on notice that you feel he is detaining you and that he must have a legal reason to do so.

    If a person wants to chat with the police that is fine. If they do not want to, they should know how to not chat with them or be detained by them. Wouldn't you agree?
    It doesn't become an illegal detention if the subject chooses not to leave or simply doesn't ask if they can leave.

    I can't think of any situation where an officer simply talking to a person would be illegal.

  8. #18
    Join Date
    Dec 2019
    Posts
    156

    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    Quote Quoting PayrolGuy
    View Post
    It doesn't become an illegal detention if the subject chooses not to leave or simply doesn't ask if they can leave.

    I can't think of any situation where an officer simply talking to a person would be illegal.
    I never said the police cannot stand and talk to whoever they want. I also did not say they cannot ask for your social security number, annual income or favorite sex position. I said a person should know when to ask if they are being detained if they do not want to talk to the officer or answer questions by him.

  9. #19
    Join Date
    Sep 2005
    Location
    California
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    20,539

    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    Quote Quoting CONNOR99
    View Post
    All I meant was that police often "detain" people they are not legally allowed to detain. They ask questions that people are not legally required to answer but feel pressured to answer. Asking "am I being detained" will put the officer on notice that you feel he is detaining you and that he must have a legal reason to do so.

    If a person wants to chat with the police that is fine. If they do not want to, they should know how to not chat with them or be detained by them. Wouldn't you agree?
    I suppose. If you are not detained, you can walk away. Most people do not, but some do. I have no problem with being asked. I may keep it simple and say, "Yes, you're detained. Now, sit down," (or an appropriate direction for the scenario). I may not engage them in the why of it ... sometimes it is simply not safe to enter into a debate on the street. In those cases, I might explain it when we're done.

    And I am not sure I would characterize that the police "often" detain people they are not allowed to ... but, I suppose that depends on your definition of "often".
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #20
    Join Date
    Dec 2019
    Posts
    156

    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    Quote Quoting cdwjava
    View Post
    I suppose. If you are not detained, you can walk away. Most people do not, but some do. I have no problem with being asked. I may keep it simple and say, "Yes, you're detained. Now, sit down," (or an appropriate direction for the scenario). I may not engage them in the why of it ... sometimes it is simply not safe to enter into a debate on the street. In those cases, I might explain it when we're done.
    How would a person know if they are being detained unless they ask? All I am saying is if a person feels pressured to talk to an officer, he should ask if he is being detained.

    And I am not sure I would characterize that the police "often" detain people they are not allowed to ... but, I suppose that depends on your definition of "often".
    "Often" means that by far most people that stand in front of an officer and speak to them are not being legally detained. They do so out of cooperation.

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