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“ A reasonable human should not be obliged to make conversation with a cop. That's what the "no self incrimination" amendment is for.”
“ I am not detaining you. This is not a search." aren't magic words either. I don't see why we should put the burden on citizens, instead of the cops, to clarify the law.”
Our form of government is for citizens. And yes that means being able to competently interact with different parts of government.
At no point in the interaction described to me in this case have any of my rights been violated. A cop looking at me weird doesn’t mean I get a get out of jail free card if I run.
I think if you look at this case different and not as a criminal then you would not think “detention” happened and it’s very clear. If I am strolling thru a park doing nothing illegal and a cop walks up to me to talk I don’t think I am being detained. What makes people just to detention here is that the person actually was a bad guy.
You're asking someone whether they're forcing you to stay somewhere, with the implication that you will leave unless they threaten force. In the context of a society that says things like, "if you have nothing to hide, then you have nothing to fear," it very well can be a self-incriminating statement, and citizens shouldn't be required to say it.
Should citizens have to ask about their detainment status every five seconds? You're telling me this would be too much of a burden on cops, and yet in effect declaring that citizens should have to bear it.
No, I don't think either party should have to use the magic words. But that means that situations where a reasonable citizen might suspect they're being detained have to count as detainment even if the cop doesn't explicitly say "YOU ARE BEING DETAINED." And that very much describes the situation at hand-- where a cop ignores an initial brush off to move ahead of someone and physically block someone's path.
Your standard make it illegal for cops to walk around a neighborhood. That is not reasonable.
The only reasonable standard is people have to talk to each other. Anything else endangering I thought the cops body language was bad and therefore all evidence is suppressed. That is not reasonable.
“if you have nothing to hide, then you have nothing to fear”
Under your standard Madoff could walk down the street and claim a cop walk towards him and then throw his briefcase with evidence of a ponzi scheme and then run away and claim everything is suppressed. That is stupid.
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