Matt Ritter wrote:
A lawyer friend explained to me that the police can
not detain you unless you are under arrest.
Matt, your friend may need a "refresher course". In NY (city) you may be
"detained" for a "reasonable" amount of time, if the police believe you "are
committing"," have committed", or are "about to committ" a crime. The rule of
thumb ( ballpark) regarding what is a reasonable amount of time is about 20
mins, if necessary. The police should be able to do enough of an
investigation, during this period, to determine wether a criminal act has
occurred. During this "stop" the police have the right to handcuff you for
their own safety. They may also do a light "patting down" of the outer
clothing to determine if a weapon or dangerous instrument is present. The
police must also document this activity, with a police dept. issued form AND
have a supervisor at the scene. Policy states that ALL prisoners MUST be rear
cuffed, during transport. There's a lot more to it, but I thought you might
like a little bit of info......Tom.
PS: If the police have "reasonable
suspicion", they may stop you. You are not subject to arrest until
"reasonable cause" exists. The police have the right to inquire, you have
the right to tell them where to go.
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