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Old 06-28-2010, 09:50 AM   #16
phenixdragon

 
Drives: 2010 Camaro SS
Join Date: Mar 2010
Location: Seattle, WA
Posts: 783
Quote:
Originally Posted by epstein View Post
Actually He has the right to ask.....Its called the Common Law Right Of Inquiry.... Was the cop outta line .....IMO yeah ....Its something i would Never do .....Unless there was something purely criminal going on ..... I went about My business..... As for your actions from this day fwd......Yea....He has your number ......

Brian
Actually you can deny speaking to the cop. Just like with whole issue with the 'beer summit'. The guy had ever right not to speak to the cops at his door. The cops did not witness anything illegal, there for they had no right to force the guy out of his house. If a cop comes up to your door you do NOT have to answer unless they have a warrant or probably cause. Someone calling the cops because they saw something isn't probably cause otherwise you could call the cops on your neighbor thinking you saw something (or faking) to have him harassed by the cops. They either have to witness crime or have a warrant. Otherwise if you refuse to speak, tell them to go away, etc...they have no right to do anything else. This is in the Constitution.

Common Law Right Of Inquiry is abused A LOT and has been stuck down A LOT in courts. I am not saying to outright ignore a cop but you do have the right to question him and refuse. Have I been in this situation before? Yes, and I have thrown the law in the cops face before, just like I have had cops tell me I don’t have a right to an attorney for a traffic stop when in fact I do.

And how do I know all this? Well I know a lot about constitutional law and it is very common for cops to either not understand the law or to bend them because they are not practicing law, they are enforcers and there is a difference between the two.

Basically a cop can NOT go up to random people and start questioning them. Bottom line is this guy was on private property, a cop can not go up and just start questioning when no laws are being broken. That is illegal.
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