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?
|
