Cops can detain you if they are investigating a crime or witnessed you commit a crime. Detention is considered the restriction of your free movement.
A vehicle stop for example is a detention. The cop observed you speeding and stopped you. You are not free to leave and he will conduct an investigation and maybe write a ticket. You might get a ticket or say he sees a kilo or drugs in the back seat, you might be arrested.
You can always respectfully ask a cop if your being detained during a contact. If he says no, then you don't have to say shit to him or do anything he says. If you are not detained then you don't even have to provide your name.
But be careful, because if you are detained then you have to provide your identity and comply with all reasonable directives. It is not uncommon for us to handcuff someone who is detained, then rule them out as a suspect and release them.
Alot of problems stem from people thinking they can do whatever they want. If police tell you to stop, that's a detention. Many people don't understand this and when they don't listen, we use force. Once we get to a level where we have to use force, now you are looking at a possible resisting a peace officer charge. Keep in mind I'm in California so laws might be different.
It's also not uncommon for dumb cops to overstep their authority. You should still comply even if you think they are wrong. If that happens you can file a complaint, talk to a supervisor, or consult an attorney to see if you have a case.
Cops can detain you if they are investigating a crime or witnessed you commit a crime. Detention is considered the restriction of your free movement.
A vehicle stop for example is a detention. The cop observed you speeding and stopped you. You are not free to leave and he will conduct an investigation and maybe write a ticket. You might get a ticket or say he sees a kilo or drugs in the back seat, you might be arrested.
You can always respectfully ask a cop if your being detained during a contact. If he says no, then you don't have to say shit to him or do anything he says. If you are not detained then you don't even have to provide your name.
But be careful, because if you are detained then you have to provide your identity and comply with all reasonable directives. It is not uncommon for us to handcuff someone who is detained, then rule them out as a suspect and release them.
Alot of problems stem from people thinking they can do whatever they want. If police tell you to stop, that's a detention. Many people don't understand this and when they don't listen, we use force. Once we get to a level where we have to use force, now you are looking at a possible resisting a peace officer charge. Keep in mind I'm in California so laws might be different.
It's also not uncommon for dumb cops to overstep their authority. You should still comply even if you think they are wrong. If that happens you can file a complaint, talk to a supervisor, or consult an attorney to see if you have a case.
This is good to know. Lots of info here, which I appreciate. Thank you! :)