If not breaking any law...

Oh so now an interview stance will invalidate a consensual encounter? Wow I am amazed by the legal bs I hear on this site. It's about time I give up and move along... Let you all believe in fairytales.

NovaCop10 said:

Oh so now an interview stance will invalidate a consensual encounter? Wow I am amazed by the legal bs I hear on this site. It's about time I give up and move along... Let you all believe in fairytales.

Click to expand...

Say what?

How do you get that from the responses you received?


Do you deny that LE will seek information, knowing they do not have RAS, and ask questions in a manner designed to 'encourage' responses by using posture and citizen ignorance?

What "legal bs" do you see in the responses?

It was in response to wrightme. He stated an interview stance is done as a demand indicating a non consensual encounter.

Of course it's totality of circumstances to include using lights, how many officers, weapons drawn etc. but we aren't talking about that. We are talking about a LEO asking people questions and it's a seizure.

Please don't take this as bashing, most of the encounters i have with LEOs are very positive. i am just stating a fact. my intent is to let the OP know that it is the job of LEOs to charge someone with something. they can and will use everything you say against you. and they have took a lot of training to do this. i have always been amazed at how "give me your ID" is considered asking in LEO speak
tricks are to engage you in a contact, usually using the the ID as an excuse, knowing that most people would not know their right ( under the 4th amendment). surrounding you so that you might bump into one of them, cussing you so you'll respond negatively, lie to you, even acting friendly to get you to say something off guard
know the laws where you are, learn the responses that are on this site and others, keep your cool. i always like to add be friendly, fair, but firm.

BTW, anything i say can be Horse droppings and not worth a hill of beans

NovaCop10 said:

It was in response to wrightme. He stated an interview stance is done as a demand indicating a non consensual encounter.

Click to expand...

Then you misunderstood.

An interview stance along with an "ask" presents a consensual question, in a manner that plays off on the citizen's view that "it is a cop, I need to answer."

I did NOT state that an interview stance is done as a demand indicating a non-consensual encounter.

NovaCop10 said:

Of course it's totality of circumstances to include using lights, how many officers, weapons drawn etc. but we aren't talking about that. We are talking about a LEO asking people questions and it's a seizure.

Click to expand...

No, I was talking about how an LEO asking people questions is NOT a seizure, but is done in a manner designed to "encourage" response without going beyond consensual encounter.



A request done in a consensual encounter in this "interview stance" would definitely place a level of coercion into the impression of a citizen who believe LE DO have the power to "ask" a citizen to show ID, even though that is not required. As I said, playing off the ignorance of the citizen to coerce responses during a consensual encounter. YOU might not do that, but can you deny that OTHER LE do?

Novacop,

I'm going to stop with these:

http://www.law.missouri.edu/lawreview/docs/70-3/Duvall.pdf stop & id

http://www.dca.state.ga.us/development/research/programs/downloads/law/Chap9-4.html

http://www.dcjs.virginia.gov/cple/sampleDirectives/manual/pdf/2-3.pdf

http://www.flhsmv.gov/fhp/Manuals/1716.pdf

http://www.legalupdateonline.com/4th/70

Yes, you are going to have to wade through some other stuff about what cops can or cannot legally do, but I figure you can turn in the time to your Training Offcer and get permission to skip some of the less-inclusive in-service training you would otherwise have to attend.

Do feel free to ask if you need help identifying the appropriate cases or understanding the restrictions the model policies impose on what you can do and when you can do it.

stay safe.

NavyLCDR said:

I think NovaCop10 already has a very clear picture of what is legal and what isn't in the scope of this discussion.

Click to expand...

I have little doubt. That should leave one wondering why he so clearly attempts to avoid the points presented by others.