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To: wastoute

In modern civilian terms, you are describing “detained”. Per SCOTUS, a person may be detained if there is suspicion or knowledge of a criminal act. This is supposed to be tempered with a test for reasonableness. In this case, the reasonable test failed as the stop occurred 4 hours after the report -AND- the reported activity is not illegal.

The detained authority is quite broad. For example, a bank robbery is reported. Within a reasonable time and a reasonable distance from the bank, any person my be detained for questioning and pursuant to the detention, may be patted down for weapons to ensure the officer’s safety. However, no search for evidence may be conducted if the detainee asserts their right to not be searched. The target of the detention is not free to go, however, they are under no compulsion to respond to any questions asked.

If I am encountered and do not want to cooperate, I will use the following sentences:

“I do not wish to be engaged or have a conversation”

If I am detained:
“I do not answer questions from law enforcement or agents of the state without the presence of my attorney” and “I will assume that I am NOT detained unless you tell me otherwise and will be on my way.”


41 posted on 05/31/2017 8:54:03 AM PDT by taxcontrol
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To: taxcontrol

Thank you for your expertise.


42 posted on 05/31/2017 9:00:35 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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