What can and can't police do if they randomly see you walking at night and decide to pull you over

Asked about 2 years ago - Kalamazoo, MI

I take walks alot at night and i've been pulled over multiple times now by the local hotshot police for no reason at all other than I was out at a late hour. Can police just search anyone for no reason?? Can I just say "i choose to remain silent" when they try talking to me? What if they ask to search me, can I just tell them flat out no? Would I get in trouble if I did so? What are the rights for someone on probation that has a curfew and not on probation?

Attorney answers (4)

  1. Barry Franklin Poulson

    Contributor Level 20

    3

    Lawyers agree

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    Answered . Usually, went someone is out walking late the police assume they are up to no good. A "Terry" stop, when there is reasonable suspicion, allows a patdown for weapons. Sometimes the cops say they found dope, and that may or may not be admissable. You do not have to speak with police. You can say you wish to remain silent. Are you ON probation or NOT on probation? If you violate a probation curfew, they can arrest you, search you, and violate you. If you are not on probation, your rights are intact. If you really work at pissing off the poice, you will probably succeed. That should not be an issue. Unless, they make it an issue.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I... more
  2. Jeffrey Anthony Skiendziul

    Contributor Level 16

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    Lawyers agree

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    Answered . The police need reaonable suspicion to temporarily stop you and pat you down to check for weapons. Finding reasonable suspicion is not hard for the police to find, especially walking late at night. as it is a very low standard.

    If on probation, one of the conditions on probation is usually a curfew. If you are out past curfew, you are violating probation and the police can arrest you and take you in.

    It would be beneficial for you to speak with a local attorney at a consultation if there is more information or facts that are not disclosed here. Criminal law is a fact specific area of law which the outcomes change with the facts.

    Bear in mind local attorneys konw th court rules, criminal statutes of the state and relevant case law. If you can schedule a consultation wtih an attorne you might want to do so for more information.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree... more
  3. Loren M. Dickstein

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . There is no reasonable suspicion to stop a person who is doing nothing but walking alone at night. Any search based upon this information alone would be illegal and any evidence obtained as a result of it would be subject to suppression. If a person is on probation and is not allowed to be out at night, that person is really taking their freedom for granted and taking an unnecessary risk if the only purpose of walking out at night is for pleasure. The judge who was hearing that case on an allegation of violation of probation would bend over backwards to find a way to justify the legitimacy of the stop and/or search.

    Be careful. If you are already being violated, you need to consult with a 10.0 Rated Michigan Criminal Defense Attorney who is not afraid to win your case! If you can find an attorney who is rated 10.0 on Avvo, is a Michigan Super Lawyer and is rated AV with Martindale Hubbell, you will know you have someone who is experienced, effective and passionate about DUI defense.

    There is the real risk of jail on a probation violation and you should not take the matter lightly even if you feel there was no justification for the stop and investigation.

    Mr. Loren Dickstein, Esq.
    LEWIS & DICKSTEIN, P.L.L.C.
    2000 Town Center, Ste. 2350
    Southfield, MI 48075
    (248) 263-6800 - Fax: (248) 357-1371
    Email: ldickstein@notafraidtowin.com
    www.NotAfraidToWin.com
    National Super Lawyer
    Avvo Rated: 10.0 Superb
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  4. James M. Osak

    Contributor Level 15

    1

    Lawyer agrees

    Answered . The ONLY way to end this nonsense is to "spank"
    the cops. File complaint(s) on the officer(s)
    especially if its the same one over and over-----at
    their station OR with the state police. Do you have
    a local "Police Watch Group?" Talk to them. Lastly,
    if you're really upset you can file a "civil rights"
    lawsuit against them: you'll have to show/document
    a "pattern" of your alleged abuse at their hands.
    You might not win much (or anything) but it'll send
    them the message that you're not playing their
    fool any longer. IF ARE YOU ON PROBATION ---
    you have less rights while on probation. Are you
    walking/strolling in a "high-crime" area? Are you
    walking around in a neighborhood of a different
    race than yours? There might be racial issues involved
    then. You should talk to a local attorney to discuss
    your options. Good luck!

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL... more

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