Well he wanted ID. If you did not commit a crime can you be coerced, forced or under threat of arrest be force to produce ID? The issue is were you free to go or were you seized. Did he say, you are under arrest? - He threatened to arrest if ID was not produced. Does he need to say you are under arrest to ask for ID? No. Was the request for ID a lawful order or could the person just walk away ignoring the officer? -No, it was a lawful/unlawful order that if ignored, according to the officer, would trigger an arrest. He doesnt say for what crime. Were they free to go or did this amount to an unlawful seizure/arrest? -Unclear why he stopped them based on this tape. Something could have occurred before the tape started. What is obvious is they were not free to leave and that an investigative detention was underway. Detention doesnt = arrest. Again, it isnt clear what triggered the terry stop. Can the police commit a battery if you didnt commit a crime but are conducting a terry stop? -It depends. I dont know what his probable cause is to stop/detain/arrest based on this video. Is it a crime of jaywalking, impeding traffic, disturbing the peace, assault on a po, a terry stop - for past, present, future crime or is it just another day of being black? With all that said would you take a situation that appears it could amount to an abuse of power and resist?
Posted on: Mon, 04 Aug 2014 18:53:10 +0000
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