Q: Can the police stop you while walking if they don't have reasonable suspicion, even if they say you look suspicious?
Officer knows one personally, knows one is an addict, and observes one walking down the road. Is this enough reasonable suspicion to stop and talk to one? Officer didn't see him committing any crimes or engaging with anyone, but just walking. Officer passes one and hit the block and pulled up on one to ask questions. Is this legal?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Under the Fourth Amendment, police need reasonable suspicion of criminal activity to justify stopping and questioning someone on the street. Merely walking down the road, without more, typically does not meet this threshold. An officer's knowledge of one's past addiction does not inherently provide reasonable suspicion of a current crime.
If there was no observable illegal activity or suspicious behavior that could be articulated as reasonable suspicion, then stopping someone solely based on their appearance or past may raise constitutional concerns. If you believe your rights were violated, you may consider discussing the incident with a lawyer to explore the possibility of legal action or filing a complaint with the police department's internal affairs or civilian review board.
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.
