imported post
Evil Creamsicle wrote:
ghostrider wrote:
taxwhat wrote:
Question : One is passenger .TS is for rolling stop sign [ no drugs,stolen property or such] .After stop and driver gives All proper ID toLEOthen asks for passenger for ID . And is told no Thank You Officer I am Late for work and must now walk. Then starts to walk away . Officer does What ?
I would say it depends upon the circumstances, the individual officer (as well as the type of day he/she is having), and the agency/judge/PA/etc...
I think what Mr. Taxman is trying to insinuate is that what an officer "can" and "might" do drastically differs from what an officer is "legally allowed" to do, and if you are shot to death while fleeing from being "not detained" it will be little comfort to you that you would have made it to work on time...
I would not apply a blanket judgement, but rather evaluate every situation as it comes. A friend of mine likes to constantly repeat the advice that "just because you
have a nuclear weapon does
not mean you should detonate it"
Too many people are too concerned with determining if the stop is legal or not. It matters not to them, but to their lawyer. All they need to concern themselves with is not incriminating themselves for anything. "WASH, RINSE, REPEAT" was written with the idea that one does not play "tit-for-tat" with the individual officer (or even the department), but rather just gather the pertinent facts, set a clear boundary that the encounter is not consensual by repeatedly asking to leave, and let the lawyer concern him/herself with the particulars.
The question was, "What does the officer do?", and I stand by my answer. Each department trains it's officers to it's own requirements, and each officer will act in accordance with that training, as well as his/her own particular biases and experiences.
The question of what the officer can legally do was not posed, so I didn't comment on it, and could care less as it's something that the lawyer deals with, not me.
Frankly, I don't even see how your statement in response to my post is even relative. It's like it's addressing a totally different post from mine. Maybe you misunderstood but, nowhere did I address what is "
...legally allowed", nor was it in the initial question. Nowhere did I even so much as imply
"...fleeing from being "not detained"
Evil Creamsicle wrote:
I think what Mr. Taxman is trying to insinuate is that what an officer "can" and "might" do drastically differs from what an officer is "legally allowed" to do, ...
He implied it, while I specifically stated it.
Evil Creamsicle wrote:
I would not apply a blanket judgement, but rather evaluate every situation as it comes.
Tax_what didn't ask what I (or any of us) would do. He asked
"Officer does What ?"
Answer:
Whatever he wants to do. That being dependent upon training/experiences/ Da/judges/etc...