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  1. #1
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    Default Do I Have to Sit on the Ground when Told by an Officer

    My question involves police conduct in the State of: california
    An officer calls to me from about 20 yards away as I am talking to several people. He tells me to come here and sit on the ground. Do I have to obey or can i ride off on my bike?

  2. #2
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    Sep 2005
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    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    Quote Quoting Jrf1977
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    My question involves police conduct in the State of: california
    An officer calls to me from about 20 yards away as I am talking to several people. He tells me to come here and sit on the ground. Do I have to obey or can i ride off on my bike?
    If he TELLS you to come to him, that is a good indication that you are being detained. if you choose to ride off, he MIGHT let you go, or, he might come and get you and then you could be under ARREST (which is more than being detained).

    What you do when an officer tells you to come to them is up to you. Just remember, there can be consequences to that action, and they may not be kind or gentle, and they may result in jail time.

    Your call.
    **********
    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

  3. #3
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    Sep 2018
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    Ohio
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    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    Quote Quoting Jrf1977
    View Post
    My question involves police conduct in the State of: california
    An officer calls to me from about 20 yards away as I am talking to several people. He tells me to come here and sit on the ground. Do I have to obey or can i ride off on my bike?
    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?

  4. #4
    Join Date
    Dec 2019
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    156

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

    When you walk over to the officer ask him "Am I being detained or am I free to go?" If he says you are being detained then ask him why. This will require the officer to go on record and either give a legal reason he is detaining you or to release you. Often police will take liberties by conversing with people they have no legal authority to detain.

  5. #5
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    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    Quote Quoting CONNOR99
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    When you walk over to the officer ask him "Am I being detained or am I free to go?" If he says you are being detained then ask him why. This will require the officer to go on record and either give a legal reason he is detaining you or to release you. Often police will take liberties by conversing with people they have no legal authority to detain.
    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.
    **********
    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

  6. #6
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    Ohio
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    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    Carl, after the purpose of the detainment is over and they are free to leave, must a reason be given?

  7. #7
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    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    Quote Quoting RJR
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    Carl, after the purpose of the detainment is over and they are free to leave, must a reason be given?
    Not in my state, no. The officer is under no legal obligation to advise the person why they were detained. That is not to say the officer SHOULD NOT explain it, only that they are not legally obligated to do so. I have always endeavored to explain my basis for a detention, but I will not argue with the person or get into a circular discussion of the matter. I will offer the explanation when it is safe to do so and will expect cooperation through the contact.

    Now, under California law pursuant to AB 953, law enforcement must document certain elements related to every detention such that it is reportable to the DOJ and a new Racial and Identity Profiling Advisory (RIPA) Board. This information will be available to the general public in the aggregate, but not concerning specific, individual stops. (The time and records burden this imposes on CA law enforcement and the chilling effect it will have on any and all contacts is a topic for another discussion ... but, it IS California and we do seem to like supporting our local criminals out here.)
    **********
    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

  8. #8
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    Ohio
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    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    Well, if no reason is given, to me that sounds like a bogus detention and a basis for a personell complaint.

  9. #9
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    Default Re: Do I Have to Sit on the Ground when Told by an Officer

    Quote Quoting RJR
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    Well, if no reason is given, to me that sounds like a bogus detention and a basis for a personell complaint.
    People make personnel complaints for a host of reasons, including bogus ones. Heck, we get personnel complaints even when everything is above board and lawful. (It used to be that it was a crime to make a false complaint against an officer ... no DA will touch those anymore, so LEOs have to resort to civil suits.) But, since the question here was regarding legalities, the law in CA says that an officer does not have to provide you with a reason.
    **********
    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. #10
    Join Date
    Sep 2018
    Location
    Ohio
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    318

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

    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.

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