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  1. #1
    Assuming the cop didn't just make that whole trespassing shit up...or that the trespassing in question was six months ago.
    That's quite an assumption. Sure it's possible, but I'm inclined to give the cop the benefit of the doubt here. If he was making up shit, I'd have expected that to be reported. And why would he ask for backup? He'd then have to hope his colleagues didn't have a problem with him lying in order to question a random guy.

    The cop has to see the guy doing something wrong to detain him afaik.
    Something wrong? So a cop can only approach an individual if he catches him red handed breaking the law? A cop can't use his discretion to decide if he considers the guy suspicious? I don't like overpolicing at all, but asking someone what they're doing when they're present at a location that he has been sent to, that's reasonable.

    He can't just go up to people and say "hey there was a crime around here some time. Are you a criminal?
    Some time? I'm assuming the last half an hour at most. In which case, yes he can go up to people and ask what they're doing. That's his job, it's why he was sent there to investigate.

    He can ask questions but the guy is not obligated to answer them. He can't then keep asking questions and giving orders like he did.
    Agreed, but herein lies the problem. If you refuse to cooperate with a cop when he asks what you're doing, chances are it will perk his suspicion, warranting further questioning. And so the situation can deteriorate into a standoff quickly.

    You're sure giving the cop a lot of benefit of the doubt.
    There's no reason not to.

    Just as likely (not more likely, but just as) he's the type to do his own racial profiling and use it as an excuse to wave his dick around.
    This is the polar opposite of giving him the benefit of the doubt, and is no better than racial profiling. Why would you default to "cop is an asshole" when he's simply asking normal cop questions? Why is that any better than defaulting to "criminal" when you see a black person? Is it ok to discriminate against white cops? Is that what you're saying?

    p.s. No cop ever admitted to me he was stopping me just to be a dick.
    I've been pulled before for no apparent reason. It happens. Maybe it happens more to minorities, and that is a problem, but a bigger problem would be police feeling like they can't do their job out of fear of being labelled racist.

    btw, the cop says at the beginning "I saw you sitting on the patio behind the building and I also saw a no trespassing sign. So I just wanted to make sure you belong here."

    So he wasn't called there to investigate a crime, and he had no reason to think the guy was trespassing. Fucking Inspector Clouseau.
    This does put a different context on to it, but it doesn't confirm that he wasn't called out. He does say "we've had some stuff going on here". Whether that's true or not is open to debate, but if it is, then the cop is well within his rights to question this guy.
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  2. #2
    MadMojoMonkey's Avatar
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    Quote Originally Posted by OngBonga View Post
    Something wrong? So a cop can only approach an individual if he catches him red handed breaking the law? A cop can't use his discretion to decide if he considers the guy suspicious? I don't like overpolicing at all, but asking someone what they're doing when they're present at a location that he has been sent to, that's reasonable.
    In general, police officers have wide leeway to make on-the-spot decisions about what they are suspicious, but they still need a justifiable reason to be suspicious in order to stop and question a civilian.
    They can ask you to stop all day. They can talk to you all day.
    They can't order you to stop and be subject of their investigation without reasonable suspicion, though.

    Quote Originally Posted by OngBonga View Post
    Some time? I'm assuming the last half an hour at most. In which case, yes he can go up to people and ask what they're doing. That's his job, it's why he was sent there to investigate.
    It's a fuzzy line, but the police aren't allowed to pick someone and follow them around until they commit a crime. Even when the person is in a public space. At some point, it's police harassment. They need a justifiable reason for being suspicious in order to investigate.

    If he was "sent there" to investigate by a judge's warrant, then that certainly qualifies as a justified reason.

    Quote Originally Posted by OngBonga View Post
    Agreed, but herein lies the problem. If you refuse to cooperate with a cop when he asks what you're doing, chances are it will perk his suspicion, warranting further questioning. And so the situation can deteriorate into a standoff quickly.
    Being mouthy and/or disrespectful to a cop is ill-advised, but not against the law.
    If a cop asks to search your vehicle or bag or whatever... that's because they need your permission. I.e. they do not have the right to do so. You refusing them that voluntary search is never suspicious in and of itself. If some stranger asks you what's in your pockets, they can fuck off. If the cop isn't acting out of their professional duty, justified by their reasons, then you can tell them to fuck off, too.
    Again, it's ill-advised, but the cop cannot say, "He told me to fuck off, and I found that suspicious."

    If a cop orders you to let them search your stuff, then that's different. However, as I've noted, they can't order you unless they're already suspicious (or more certain, due to a warrant or whatever). Whether they're asking or ordering makes all the difference in the world.
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