SNIP I'm saying how do you know the LEO does not have RAS unless you speak with them?
You can't know unless there is a conversation. You can know you are not doing anything wrong, but you can not know why the LEO is asking.
There are a couple different views on this here on OCDO.
I am in the school that thinks the smart thing is to comply while verbally, politely refusing consent.
You really have no way to know whether the LEO has genuine RAS. Remember also, that LEOs are not necessarily going to say, "there was a robbery at Main and 43rd." They are going to ask questions that do not reveal the whole picture to see if you will admit to something. The question is more likely to be something like, "Where did you come from?" Or, "Did you just come past 43rd Street?"
Also, I know of no law that requires an LEO to tell you his RAS.
And, I wouldn't trust them not to lie. Google the concept of "permissible deception." If he deliberately feeds you pieces, but not the whole picture, you might guess wrong. Remember, its not whether you
think there is RAS during the encounter, its whether a court, later, will think there was RAS.
But, none of that is the real problem. The real problem is that, in order to judge correctly with a high degree of certainty, you would have to know the myraid circumstances and combinations of circumstances that courts have already ruleddo
More importantly, you would have to know what circumstances or combinations of circumstances any given court might rule amount to RAS. Meaning, will a court rule that the circumstances that led to your detention were sufficient to provide RAS. Basically, in the final analysis, you are trying to guess, with a cop in your face, whether next month the judge will say, "Yep, that was enough to be RAS."
So, for myself, I don't plan to rely too much on prying his RAS out of him. More precisely, I'll ask, repeatedly, but I won't act on it during the encounter.
The only thing I'll be doing isfishing to get information for the formal complaint.
About the only way you can know for sure whether he had RAS is to check for a 911 call, check with store management, review a few court cases maybe. But those are all things done after
the encounter as homework preparatory to a formal complaint.