marshaul
Campaign Veteran
Selective recall, ENM?
"Detective McFadden ... observed the two proceed alternately back and forth along an identical route, pausing to stare in the same store window. Each completion of the route was followed by a conference between the two on a corner. The two men repeated this ritual alternately between five and six times apiece—in all, roughly a dozen trips. After one of these trips, they were joined by a third man (Katz) who left swiftly after a brief conversation. Suspecting the two men of "casing a job, a stick-up", detective McFadden followed them and saw them rejoin the third man a couple of blocks away in front of a store."
Although walking back in forth in front of a store is not a crime in Ohio, taken together with the other indicators, yes, it was suspicious enough to warrant a detention.
Exactly. "He was doing legal activity x" is a far cry from "He was doing activities x, y, z, and epsilon, which by themselves are legal, but together suggest a crime about to be committed."
It's the difference between "he was carrying a firearm" and "he was carrying a firearm, and every time somebody walked out the door he was watching he would move his hand as though he was about to draw, perhaps if he saw the right person" (<-- random made up example of the day).
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