If a cop approaches you and says "what are you doing?" when you are

Question

walking down the street at 3am, then why can't you tell him "i wish to be left alone" (said politely and calmly) without potentially getting arrested?

In other words, why is it that you can't do anything out of the ordinary anywhere in USA without attracting the interest of a police officer?

Do you think that 100 years ago, police officers (or any law enforcement) were as in your face as they are today?

what do you think?

FYI, this is all hypothetical, i dont actually walk around at 3am for no reason

--BUT --even if I did, whats wrong with that???

Answer 1

If someone is just randomly walking about at 3 AM the police have a duty to find out.  They have a duty to protect the community so they do a right to inquire.  If you start getting belligerent be ready for some MAJOR issues.  If you have nothing to hide simply state to the officer why you are out and move on from there...

Answer 2

Its called doing our job. What if someone just got robbed, and we are out looking for that particular person of interest.  We come across you, and ask you what you are up to.  When we determine you are NOT the person we are looking for, you are free.  Put yourself in OUR shoes, and stop trying to be the victim. We have a job to do, and thats a part of it, whether you like it or not.

Answer 3

If you're out walking around at 3 AM, officers certainly have the right, if not obligation, to determine whether or not you are a criminal

Answer 4

I hate to break it to ya but I can talk to anyone I want, including you.  If you want to be left alone and I have no reason to detain you then guess what-you're free to go.  If, however, I have reason to believe a crime is, was, or is about to be committed and you are somehow involved then I may detain you until I either develop probable cause to arrest you or I determine that you should be released (you are not involved in a crime).  Read Terry v. Ohio (US Supreme Court Case) for details.  So it is possible to continue on your way without being arrested.  It happens all the time.

Terry v. Ohio:

http://caselaw.lp.findlaw.com/scripts/ge...

Answer 5

um if your not 18 you will get pulled over. because you cant be walking around at that time of night!

Answer 6

You would only tell a policeman that if you really wanted to be arrested. Just be honest and tell him,or her what you are doing and most likely you will sleep in your own bed tonight.

Walking the streets at 03:00 in the morning is asking for trouble anyway.

Answer 7

Why not just answer the question? I mean you don't know why he is asking.  Maybe there was a crime in the area, you assume it's just to be in your face.  What if someone commits a crime and after  is walking at 3am, a police officer approaches him/her and asks what they are doing, they say I wish to be left alone and the cop doesn't pursue it.  Police officers have a tough enough job without having to deal with people who won't answer a simple question.

Answer 8

You always have to prove your innocence to a Cop!  We're no longer innocent until proven guilty!

Answer 9

Nothing at all wrong with that. I think I would answer: "Is there a problem, officer?" And I am convinced I would not be arrested. if a cop arrested me for that, then I could take him to court - and win. I know some cops might do something silly like that, as some truck drivers will run a red light, and some doctors are quacks- etc. etc.  But a cop who is worth his salt will not arrest you. If you are walking alone in a dangerous part of town he might encourage you to be more careful, but he would know he can't arrest you.