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

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?

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Attorney answers 4

Posted

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.

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Asker

Posted

Right. I did not say I wanted to piss off the police, I asked if there could be any implications for saying "no, you cannot search me". it's almost like they single me out over and over, to the point that it could be called harassment. Twice it was the same guy. Okay, so. If* I was on probation, and if* I was out after a curfew, could I decline a search if* I was just walking down a sidewalk towards a gas station and a popo just rolls on up and asks what i am doing/where am I going etc. If* I explained that I was just going to pick up a pop from a gas station.. What reason does the cop have to ask to search someone just walking down the street. Police no longer look out for a city, they just try to extortgood innocent people walking down the road minding thier own buisiness. It pisses me off frankly.

Asker

Posted

Oh. Isn't it illegal if a cop takes someones phone and asks if it's stolen, and when the person tells them "no it's mine" just goes through the phone and looks at every message / picture without asking "hey do you mind if i look through this..?? (not that a cop would ever say that) I honestly think there is wrong doing here.

Barry Franklin Poulson

Barry Franklin Poulson

Posted

You have every right to be pissed off. And, the police will NOT have a right to be pissed off at you, but they WILL be if you keep getting in their faces. SO it really comes down to whether or not you can pay the freight for bugging them. You could buy a 6 pack of pop and not have to go walking to the store late. Not that you should have to, but if you wanted to avoid being hassled. Not clear to me if you are on probation or not. Much depends on that missing fact.

Asker

Posted

How do you know if there is reasonable suspicion?? Every time I have ever been pulled over, it has been completely random, just walking down the street.

Barry Franklin Poulson

Barry Franklin Poulson

Posted

Here is how it works. The cop will "articulate a reasonable suspicion." Your attorney will (basically) say that is bs. The Judge will decide. There are many factors. High crime area? Furtive gestures? Long coverup coat on a warm evening. Suspicious tattoos. Suspicious bulging pocket. Hat on crooked. As you can see, extremely subjective, and not very fair. But the cop on the beat will say, "I've walked (driven) this beat for umpity years and I know when crime is afoot." And your attorney will say bs. And the Judge will rule. You hold all the cards. It's your call.

Asker

Posted

Alrighty. Well let's say I AM on probation and I do have a curfew. that being said. While "walking to the store" (at 1am) (he asks why, which frankly I think is a stupid question. I mean why else would I want a soda.) "there isnnt anything good to drink in the house and my tap water is shitty". I beleive those where the exact words. Then he asks for ID. He asks can I search you or something along those lines, and I thought that wasn't nessicary at all, as all that * had was a tiny little knife which the clip was clearly* visible on my pocket. Thankyou btw

Barry Franklin Poulson

Barry Franklin Poulson

Posted

AH, now I can see more clearly. I think. OK, so I assume 1AM is way past your curfew. Why didn't the cop bust you for that? A gift. And, you had a weapon, a knife. Why didn't the cop bust you for that? A gift. So, you must be making a good impression on this cop that he let you slide on two pretty obvious violations. So, lose the knife, invest in a twelve pack of pop, and stick to your curfew. Whe the probation is over, you can rest easier. Not a good time to be in jail. Repairing the jailhouse A/C is not a priority. Best of the summer to you.

Posted

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 and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed. I am an attorney licensed to practice in the State of New Jersey. Consult a local attorney if your case arises outside the State of New Jersey. If you found this answer to be HELPFUL then you can vote that this answer was helpful. If you found this answer to be the BEST ANSWER of all those presented, then you can vote that this answer was the best answer presented.

Howard M Lewis

Howard M Lewis

Posted

Great answer.

Posted

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
Martindale Rated: Preeminent - AV

Posted

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 REPRESENTATION.

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