Just got pulled over while walking

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(I've EARNED the nickname Capt Oblivious).

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Your title says Supreme Nit.
Knowing your rights +EV
This play -EV

[scalf]

[img]/images/graemlins/grin.gif[/img] [img]/images/graemlins/diamond.gif[/img]

how about being gratefuull for having police not scared to look into something that you admit is unusual...

think about it..

gl

[img]/images/graemlins/tongue.gif[/img] [img]/images/graemlins/club.gif[/img]

[Niwa]

lmao.

[DavidC]

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Was it the OPP that stopped you? Which city are you in?

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I think it was the OPP. I'm not sure.

Why do you ask?

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I was under the impression that the OPP cannot stop you on municipal roads. Only on provencial roads/highways or in towns where there is no municipal police force can they stop you, but I may be wrong.

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Whitby being a municipality, I don't think we have a local police force. I'm pretty sure we have an OPP station right in town, too. But don't quote me on that (I've EARNED the nickname Capt Oblivious). [img]/images/graemlins/smile.gif[/img]

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Looks like you do have a local force.

http://www.police.durham.on.ca

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Yep. Now that I think of it, you're right. [img]/images/graemlins/smile.gif[/img]

[TylerD]

you are a dick.

[AdamL]

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you are a dick.

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Ummm, before you go ahead and join the police, you might want to consider that it is a citizens freedom in this country not to have to divulge personal information without charge. We are required by law to provide our name and address. We are not required to tell a police officer on a random stop why we are up at this hour, what we're doing, where we are going, where we are coming from, what our jobs are, etc.

I happen to think it's worth standing up for those rights once in a while. In the past when we have been fully cooperative and answered all these questions, the officers didn't believe us. "Just walking at 3am eh?" and they keep hammering, and called in our names regardless.

Understand it isn't like we are being asked with a pretty please and a cherry on top. It is an interrogation, without the least bit of courtesy or appreciation.

We also were being perfectly polite. Which is to say more than the officer was doing from the start.

I suspect this sort of crap happens to us because police aren't used to coming across young guys out walking at 3am who aren't causing trouble. But honestly, we don't need to be assumed guilty and harrased every time we're out, and if we choose not to give our autobiography, I don't think we need to be called dicks either.

[Punker]

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I happen to think it's worth standing up for those rights once in a while

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This is not one of those onces in a while. I am rooting for your house to get robbed in the near future by someone who was "out walking" at 4 am.

I believe the police work hard and do their best to "protect and serve". If they want to feel a little godly, I don't have any objections to letting them have that, as long as they show up if I need help.

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you are a dick.

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Ummm, before you go ahead and join the police, you might want to consider that it is a citizens freedom in this country not to have to divulge personal information without charge. We are required by law to provide our name and address. We are not required to tell a police officer on a random stop why we are up at this hour, what we're doing, where we are going, where we are coming from, what our jobs are, etc.

I happen to think it's worth standing up for those rights once in a while. In the past when we have been fully cooperative and answered all these questions, the officers didn't believe us. "Just walking at 3am eh?" and they keep hammering, and called in our names regardless.

Understand it isn't like we are being asked with a pretty please and a cherry on top. It is an interrogation, without the least bit of courtesy or appreciation.

We also were being perfectly polite. Which is to say more than the officer was doing from the start.

I suspect this sort of crap happens to us because police aren't used to coming across young guys out walking at 3am who aren't causing trouble. But honestly, we don't need to be assumed guilty and harrased every time we're out, and if we choose not to give our autobiography, I don't think we need to be called dicks either.

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In the US, I am well within my rights as a citizen to walk down the streets and call people by any vile epithet I want. Just because I am well within my rights does not mean I am not acting like a dick. The police acted reasonably in stopping you. You two decided to respond with "no comment." The officer then got upset and hurt your feelings by calling you a dick. You then posted the story here to show how you stood up to "the man." I'm not impressed with your story or your actions. Since you two acted like dicks people here on OOT are right to call you dicks. If you want sympathy, tell this story to your mom. She might care.

[BigBaitsim (milo)]

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I've gotten out of several well-deserved tickets just by being a nice guy (someones gonna FYP this one, I'm sure) and bantering pleasantly with the cop. They are so used to nits like you that they cut me some slack for being a nice guy.

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Being nice to get out of a traffic ticket is +EV. Letting a cop violate your rights while you're out walking late at night is -EV.

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What rights are being violated? It's unusual for two guys to be about at that time, and, since the OP is not walking around with a scanner, he has no idea what may have transpired that night, such that a police officer would have reason to stop and ask him a few questions. He did nothing wrong, so why make a big stink about it? He wasn't being harassed, just answer the questions and be on your way.

[BigBaitsim (milo)]

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Hey guys, I dig your little experiment.

In the US this encounter is known as a stop. Law Enforcement can stop you based on reasonable suspicion and detain you to breifly question you.


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It's actually called a Terry Stop (From Terry v. Ohio) Any reasonable suspicion and the officer can stop you, question you, detain you, and if he feels he/she is in danger, frisk search. Not a full search but just a quick check for weapons.

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What constitutes a 'reasonable suspicion' is what is important. Walking back from Tim Horton's with coffee cups in your hand at 2am should not be deemed as being suspicious. Claiming 'Reasonable suspicion' does not give the cops carte blanche to violate your rights. At the very least, the cops would have to let you know what they 'reasonably suspect' that you are doing which allows them to search you.

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If the OP was arrested, the cops would have to demonstrate they had "reasonable suspicion" or the charges would be dropped. My wife has won a number of cases with this argument.