RE: Man gets arrested for offending random woman by asking "Are you a mom?"
June 22, 2017 at 6:20 pm
(This post was last modified: June 22, 2017 at 6:29 pm by Thumpalumpacus.)
(June 22, 2017 at 4:24 pm)Jehanne Wrote: If he was truly guilty of a crime, then why wasn't he arrested? If he was not guilty of a crime, why was he handcuffed? Can't have it both ways.
Nonsense. A suspect can be handcuffed without being arrested. It's happened to me and countless others. It's called "detainment."
And it isn't the job of the policeman to adjudicate any guilt. Putting cuffs on a suspect says nothing more than the policeman wants to be secure against violent reaction or suspect flight. I didn't like it when it happened to me, but I understood it -- and it's perfectly legal in American jurisprudence.
(June 22, 2017 at 5:31 pm)Losty Wrote: I'm not an attorney but I know that you can be briefly detained under reasonable suspicion. Probable cause is not necessary (unless they search you I think)
Watching the video I would say there's easily reasonable suspicion of public nuisance.
Limited searches are permissible in Terry Stops.