Can an officer stop you for saying something?

jmflynny

I'm not so sure about that.

If the officer really thought that there was a weapon and a fight, he would have done more than yell out a question...or, at least a competent officer would have done more. He could have watched your behavior, listened a moment longer to the conversation, called in your description, etc.

Just imagine what might have happened had you used that old term "Don't throw the baby out with the bathwater'!!!

chocalate covered kisses:)

if its offensive he can

KC V â„¢

You are smart enough to see all the newscasts on television depicting the problems with violence today. Had the officer not made some basic inquiry...just think if you had NOT been using a figure of speech.

Don't hold the contact against the officer for insuring everything was OK.

By the way...yes...an officer can approach you and talk to you!

Remi K

no if you explained well enough

oldmarine08

Yep

Joel W

IF a cop hears anything they find questionable they can stop and question you! They are the law!

MichÃ¦l

The officer doesn't need probable cause to ask you a question.

You were not legally obligated to answer, however, but you did.

Crazy Dave

Your lucky he didn't just start shooting at you! The police are out of control! Wake up America its only going to get worse! The Groom Shawn Bell was shot and killed by the police after someone thought that they "HEARD" someone say the word "GAT". The police fired more than 50 shots. They never saw a gun only heard a word. The police murdered that man and got off scott free! You should consider yourself lucky.

Peter J

yes

nick

no not unless you make a threat or cause harm to something or someone.

N dimentional brontosaur

You do not even need to say something for him to have probable cause. You merely need to have your eyes off the ground to give an officer probable cause.

Any cop could have said he smelled a whiff of pot from your direction and he has probable cause to make you empty your pockets, take your shoes and socks off, etc.. Most don't bother - but that does not mean they can't do it.

Here in America, they are practically the gestapo and the SS all rolled into one unit.

Elevate

Not if he's off duty. o.o

kyle.eller

yes they can but it is not to be picky it is to provide as much protection to the citizens as they can if they just hear the word gun or knife they can and probably will speak up.

Arquestian

More than likely the officer didn't hear or didn't understand the actual phrase. Even off duty, an officer is still bound by responsibility and is constantly watching everyone for their own safety. It is part of their profession.

Is it enough for him to arrest you? No. Is it enough for him to ask you about it? Yes.

stop eating people, dammit

You weren't arrested, you were "detained." This is a middle level between being an ordinary, free citizen, and being fully in custody. Basically it means you're confined to a given area for a short period of time, and doesn't usually involve a change in location. In plain language, it's a police officer's legal authority to say, "don't leave until I've found out what I need to know."

The level of proof necessary for detention is considerable lower than that necessary for arrest (probable cause), and is called "reasonable suspicion." Protecting public safety is ample grounds for this. An officer can't stop you just because you "look weird," but can stop you if he's got *some* good reason to think you might be armed and dangerous.

So to answer your questions -- no, what happened doesn't constitute probable cause, but probable cause wasn't necessary, and the officer was right to do what he did.

BTW, even if the officer had been incorrect, you still did the right thing -- failing to comply with a police officer's order is in itself a crime, even if the order is later found to be unlawful.

jman1092008

While it's true you have freedom of speech it is somewhat restricted. If an officer of the law feels that something you say endangers the public or endangers the safety of the people around you, it is his duty to investigate, arrest, or do anything he feels necessary within the law.

Danimal52

I a police officer believes that you may have a weapon through your actions it is enough probable cause to search you. You talking about it, no matter how much the officer over heard, is enough.

melissa

yes. you could be armed with a weapon. they can do whatever they want to after that as long as they suspect something, which they did.

Valley R

yep, and an officer can stop you for saying nothing as well.

Obey the law and be respectful to law enforcement and you will find that they are on your side.

El Scott

Police don't need probable cause to detain someone. They need reasonable suspicion which is a lower legal threshold then probable cause. If an Officer hears someone talking about weapons then they may stop the person. Reasonable suspicion is when a reasonable officer would believe that a crime is being committed, about to be committed or was committed and the person(s) they are stopping are responsible for that crime.

See Terry vs. Ohio:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=392&invol=1

EDIT:
Wow, three thumbs down for giving an obvious correct answer, complete with case law. This is not Yahoo!Tell Me What I Want to Hear, this is Y!Answers people.

serge

if he was of duty and not in uniform u should of told him to go away and leave u alone

Panda

Police officers are "Peace Keepers" as such, anything they hear or see anything that may seem questionable, they can stop to question. Though no arrest can be made without just cause. And you stating a "figure of speech" doesn't qualify as just cause.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: