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To: Mr Rogers

Certainly the original complaint is the wild card.

I would suggest to anyone who is interested to study the difference between a lawful detention and what level of suspicion is needed for it and how that differs from a consensual encounter.

Law enforcement will often participate in a consensual encounter with some individual who seems out of place in a neighborhood for instance. The vast majority of the time the subject will comply and will answer the officer’s questions. In a consensual encounter, however, the subject is free to leave and does not have to answer the officer’s questions. But that is a relatively rare event that someone would do that because they don’t want to be rude or are scared to upset the officer. When it does occur, that is when we see the officer often overreacting and operating outside the bounds of legal authority.


97 posted on 04/17/2013 10:52:15 AM PDT by bat1816
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To: bat1816

“K. If a law enforcement officer contacts a person who is in possession of a firearm, the law enforcement officer may take temporary custody of the firearm for the duration of that contact.”

Section 13-3102, Arizona Revised Statutes

http://www.azleg.state.az.us/ars/13/03102.htm


100 posted on 04/17/2013 12:27:21 PM PDT by Mr Rogers (Liberals are like locusts...)
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