Q: What does it mean "prowling is if an alarm is warranted".
If you are walking in a neighborhood and an officer approaches you. Do you have to show your id if not expected of committing a crime? And do you have to give your name and info if you refuse to give id?
A:
If you are walking in a neighborhood an officer can approach and ask you some questions. Investigatory detentions are valid if reasonable suspicion objectively exists. (This is where you things like Time? Date? Knowledge of Neighborhood? traffic? Was a crime just called in? etc etc etc.)
When you encounter law enforcement. First stay calm cool and collected. You do not have to answer any questions, including questions about your name, age, and address; however, it is STRONGLY advised in this current social and political climate that you provide only this basic information. You do not have to show any ID unless you are operating a car, or unless the officer has probable cause to believe you have violated the law.
After giving the basic information calmly Ask "Am I free to leave?". If the officer says "yes," calmly and silently walk away. NEVER run from a police officer. NEVER If you are not free to leave, ask if you are under arrest. If the officer says you are under arrest, you have the right to ask why. If the officer says you are not under arrest, but you are not free to go, then you are being detained.
Being detained is not the same as being arrested, but an arrest could follow. Law enforcement may initiate an investigatory detention only if they have reasonable, articulable suspicion that you are engaged in criminal activity. Meaning, an officer taking your ID has specific and articulable facts that, together with rational inferences drawn from those facts, reasonably suggest that criminal activity has occurred or is imminent. Inarticulable hunches or generalized suspicions are insufficient to take your ID.
The police may frisk you for weapons by patting the outside of your clothing, but nothing more. If they search any more than this, say clearly, "I do not consent to a search." If they keep searching anyway, do not physically resist them. File a complaint later.
Regrettably, I will not be able to provide you any more information unless you are my actual client. I hope this helps.
Ecleynne Mercy Esq.
Mercy Law P.C.
(404) 599-3031
www.mercylawpc.com
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
