Actually, trespassing is just entering or refusing to leave a place you have been asked to leave or previously been denied access to, and which you don't have a contractual interest in. You can trespass anywhere.
I don't think either of those situations gives rise to reason to search. You must have PC for a search, you can't search on RAS under a Terry Stop situation. Terry only allows a pat down of the clothing for weapons.
In the 1st situation, I would think the proper procedure would be for the...
1. If the whole thing is going to be thrown out because of a bad stop, why read past the bad stop? What happens after the stop doesn't matter.
2. The police should be able to talk to people, yes. However, if it leads to arrest, you had better have a better reason for talking to the person...
I am not trying to be difficult, but there still isn't necessarily an answer other than "maybe" or "probably." This situation is a probably.
To throw another wrench in the works, are you a clearly identifiable good samaritan willing to leave your name, address and phone number, or are you an...
Probably a valid Terry Stop. INCREDIBLY fact sensitive though. There is no line showing the point at which a Terry Stop is valid.
In each situation, you have to look at the "totality of the circumstances," which include, among other things:
- The officer's training and experience
- The...
This answer won't make you happy, but it is usually the only answer that can be given when discussing Terry in the hypothetical: maybe.
Break-ins that night? That week? That month? What time frame during the night were the break-ins? How many? How close to that specific spot? Were houses...
You know as well as I do that "consensual encounters" and Terry Stops lead to evidence, which leads to arrest and charges. It wasn't a stretch to say so, by any means.
My point was that if one of the officers in my county ever turned in paperwork where the basis for beginning the contact (the...
Well sure. You could be tricking them about how real you are by walking in, talking to them and filling out the paper work. Requiring some sort of bill makes perfect sense. :D
I still want to know how he gets this far:
based upon someone walking down the road at night.
Shouldn't you check him out and see if he is sweating , if he is muddy, if his shoes are wet and all that before you stop him? The quickest way to get an important case tossed is with a bad stop.
Just keep all of the documentation that you put together this time, especially the paternity test. If they issue another citation, take them their documents and the paternity test from this time.
There were 644,197 people estimated eligible in 2007. You have to count all of the people that were less than 18 at the time of the estimation who will be 18 by Nov.4. The article doesn't say how many people that is, but I imagine that it isn't insignificant. You also have to account for this...
Do you dislike the concept of Terry Stops, or do you just dislike law enforcement? Terry Stops are a hugely valuable law enforcement tool, and we should be thankful that Terry went the way it did. Did you know that the officer in Terry prevented an armed robbery? He saw two guys nervously pacing...
If you turned an arrest report or warrant request in to me that had the basis for the interaction as "wearing dark clothes and carrying a backpack at night," I would find no PC on it without even reading far enough to find out what he did. I genuinely hope that you don't stop people for walking...
You still have to be a proper person. All that means is that you are not disqualified from owning guns/ammo in Indiana or Federally. Basically, you have to pass the background check the ISP does when you send everything to Indy.