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Speak Up! - View Question #274 |
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Question: What are my rights if I am stopped by a police officer while walking at night when he has no suspicion of a crime?
Answer: Technically, before a police officer can stop you he/she needs to have probable cause that a crime has been committed. You do not have to answer questions. However, I would recommend complying with an officer if you are stopped. Meaning, if he asks you for identification or what you are up to, answer his questions directly and with respect. This does not mean that you should confess to any wrongdoing.
Should it turn out that due to the officer stopping you that he discovers you have committed a crime, your attorney can challenge the evidence based on the fact that the stop was made without 'probable cause'. Of course if you have done nothing wrong and the police officer stopped you, then no harm done, right?
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| 1 thru 5 of 9 comments |
On 05/17/04
Brian from CA said:
I've never been arrested i don't do drugs or anything like that. I have been stopped by the police at least 10 times in the 3 years since I moved back from college. Yes I am african american, and unfortunatly, this is a pretty normal event with lots of friends and relatives of latin and african decent that i know. I have filed a complaint but it does nothing. They have been stopping me and my brother and friends since I was in Highschool. Why??? When u are black or latin,u are automaticaly considered a suspect or threat to society. tell that to someone white and they think u r exaggerating.
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On 04/19/04
Dave from AZ said:
A police officer's job is to be alert so that crime can be prevented; for example, stopping somebody from invading your house with a gun or hurting you. Experienced police officers have an ability to sense when something doesn't seem right. How would you feel if the police ignored a suspicious person in your neighborhood at 3 AM who ended up invading your home? Police like to talk to people. Don't confuse this with a "stop" or harassment. If you're just out for a jog at 3 AM when that officer asks to speak with you, then just explain that; then rest assured that the PD is doing its job!
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On 07/28/02
Jon from AZ said:
A police officer does not need probable cause only reasonable suspicion to stop someone but are allowed to make voluntary contact anytime. If a juvenile is not in violation of any kind of a curfew they may tell the officer they don't wish to talk to them and leave.
You will know the difference between voluntary contact and reasonable suspicion by the way the officer talks to you. If they make a statement such as "Hey you there, come here I want to talk to you" they had better have reasonable suspicion because they have a seizure. If they say "Hey can I speak with you for a minute?" that
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On 07/18/02
A.J. from FL said:
i was walking down the street it was about 10 at night a police officer stopped me for no reason. He told me to get in the car and he took me home.He told my parents i was looking at a car to hard and wanted to prevent me from stealing it.
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On 07/13/02
gregory from WI said:
most people have a fear of the police. more so when they have been arressted befor.
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