The Barbarian
Crabby Old White Guy
- Apr 3, 2003
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Summation - what do the officers do, if the person they are stopping fits the description of a suspect?
You're still dodging the answer. If there a reasonable, articulable suspicion of a crime committed or being committed by an individual, they may detain that individual. Otherwise, they may not. "Fit the description" will not work, because it's too vague to be legally defensible. For example, the man I knew, who was told he "fit the description", even though his height, body build, and clothing did not fit the description. He was black though, and the cop defaulted to "all those people look alike to me."
Which is why it won't work.
Bottom line; unless the officers gave the individual a reasonable explanation of why they suspected him of a crime, he could not be lawfully detained. No wiggle room there, according to the Supreme Court of the United States.
Nor did he need a reason to refuse to cooperate; it was his right, and the police have no business whatever demanding a reason.
Otherwise, consequences are indicated for the officers.
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