Citizen
Founder's Club Member
imported post
cato wrote:
+1
There is just about no way to know for sure during the detention whether the LEO has sufficient circumstances to provide RAS (reasonable articulable suspicion) to justify your detention.
You would have to know plenty of courtcases whereappeals courts ruled that such-and-such circumstances did or did not provide RAS. And,if there has never been a caseabout circumstances very much like yours,you would have to guess exactly correctly how the judge in your case will rule regarding whether the LEO had RAS.
I am a big fan of, "Comply while politely refusing consent."
cato wrote:
No matter what an individual may think about the legality of a police detention I can only recommend compliance with orders. Feel free to not consent but DO comply. An officer may have information that reaches the level to allow a "Terry" investigative detention. Resistance however slight may violate 148 PC (resisting/delaying peace officer) and a greater level of resistance may constitute felony 69 PC (resisting peace officer with force).
+1
There is just about no way to know for sure during the detention whether the LEO has sufficient circumstances to provide RAS (reasonable articulable suspicion) to justify your detention.
You would have to know plenty of courtcases whereappeals courts ruled that such-and-such circumstances did or did not provide RAS. And,if there has never been a caseabout circumstances very much like yours,you would have to guess exactly correctly how the judge in your case will rule regarding whether the LEO had RAS.
I am a big fan of, "Comply while politely refusing consent."