Well, he was committing a crime, so he wasn’t doing nothing.
“any subjective excuse police fabricate can be used to justify detaining a person doing NOTHING.”
No, it can’t. I mean, the police and California lawmakers can tell themselves that this is true, but it won’t stand the first court test.
Well to be fair (or, unfair) minded, the cops can find just about any kind of suspicion anyway. “I smelled marijuana” will work, especially in California because you can’t seem to go anywhere without smelling it. I was at a hospital the other day, parking lot of the hospital reeked of reefer.
How can stop and frisk be found unconstitutional, but this isn't?
well, they gotta do something to make up for all the bogus dog alerts during traffic stops they used to reel in all manner of criminals for the forfeiture money
But orificer.....I found it before it was lost.
If that happens to you, and an officer says you are being detailed, consider the following.
Officer, are you aware that in order for a detention to be lawful, you must have reasonable suspicion that I have committed, am committing or about to commit a crime? Am I still detained?
If the officer indicates that you are detained...
I do not believe that this detention is lawful. At this time I am invoking all of my rights. I do not consent to a search of my person or my property. I do not answer questions from law enforcement, agents of the state, or the press, without the presence of my attorney.
From this point on, you should only repeat the above and do so as often as you are spoken too. Note that in some states, you can be required to provide ID to the officer. In other states, you do not have to provide ID until lawfully arrested. Also, officers will attempt to trip you up by asking seemingly inocent questions. Do not talk, do not attempt to explain or clarify. ONLY repeat the above.
So just keep shoplifting amounts under $900 a day and if you’re in the mood shoot up drugs and loot a shoe store.
I never have any problems with cops since I stopped drinking.