Thread: Three Morons Get What They Dont Expect

Not arguing that point. There's likely nothing wrong with giving that information. But there's also nothing, in a consensual encounter "Hey nice day ain't it" that requires a person to do so either.

Yes - there are some states that have that requirement. That is true.

Originally Posted by Alundil

This is incorrect.


If I am talking to an officer, or more importantly an Officer approaches me and engages me in conversation I am not, at any point, detained unless or until the officer communicates that change in state to me. This is considered a "consensual contact" and can be mutually terminated at any point.
Until that happens, I am as free to walk away from the officer as the officer is free to walk away from me.

Some hard info to help explain.



Consensual contact = Hi Officer Friendly, nice day today. Bye bye.
Consensual contact = Hi civilian passerby, do you know what happened over there? Bye Bye

Detainment = Officer Friendly says or believes "I have a reasonable suspicion that you are involved in some illegal activity. I need to ask you some questions.

Arrest = Possible result of the detainment.

Having a casual conversation is not a detainment. However if he is acting with in the scope of the job meaning there is a point to the encounter then it is a detainment.

Originally Posted by deathgodusmc

Having a casual conversation is not a detainment. However if he is acting with in the scope of the job meaning there is a point to the encounter then it is a detainment.

You mean reasonable suspicion. But that's a different level of encounter than what your original quote implied (to me). If, however, you meant a scenario where reasonable suspicion was present that's a different ball of wax. That was not clear from the post I quoted though.

Originally Posted by Alundil

You mean reasonable suspicion. But that's a different level of encounter than what your original quote implied (to me). If, however, you meant a scenario where reasonable suspicion was present that's a different ball of wax. That was not clear from the post I quoted though.

I would love to be able to say yes to that but i would be lying if i said they actually have reasonable suspicion all the time. Christ i went out to my car in a parking lot full of cars one night to see a cop shining his flash light in it. What about my formula firebird was suspicous when its been in the same spot surrounded by other cars since i got to work 5 hours ago? Lets just be honest about it and say they do as they please. I never meant to imply cops cant have a normal conversation with people. I have them everyday with the ones that sit at the mcd's me and my partner meet at. If it came across that way then clearly i did not state myself correctly.

Dont get me wrong someone strapped with an ar-15 should draw some attention but it alone is not a reason to make an approach if its legal in that state.