Lancaster, CA asked in Criminal Law and Civil Rights for California

Q: When and how can a cop legally stop or detain a person?

I was detained or stop for no apparent reason no crime no complaint in the area. I was walking on the parking lot when a cops just stop me and block my way and asked why the car I was about to drive off has a paper plate from the dealership. The paper plate was original from the dealership and wasn’t reported stolen and everything led to asking for my ID for no reason, I’m not even on probation nor parole... was this a violation of my 4th Amendment rights?

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3 Lawyer Answers
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: It appears that it might be. However, without knowing the police officer's explanation no attorney can say for certain.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED........IE THE COP'S VERSION OF WHAT HAPPENED.

WERE YOU ARRESTED? IF NOT WHAT ARE YOU LOOKING TO DO?

DO YOU WANT TO THROW GOOD MONEY AFTER ALL THIS?

John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: A police officer has the right to talk to someone and ask for ID if they suspect the person is involved in a crime. However, you also have the right to walk away and refuse to talk to them.

With that said, what's your point? Were you arrested or simply upset that you were briefly detained? If the latter, you can submit a complaint against the officer(s) involved.

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