[Tired of Waiting]

Originally Posted by Mee-n-Mac

I agree with what you said but am still left pondering how I, John Q Public, is supposed to know when I'm being "stopped" and when I just engaging in friendly banter. .

Mee-n-Mac,

OK, let me try and help here.

You already know you are detained when blue lights are used to stop you.. Good. And at those times you are not free to leave. Good again.

I agree it's the other times nearly ALL folks have trouble with. Simple rules of thumb.

1. Blue light used = detained.
2. Officer says you are being detained = detained.
3. Officer lays hand/s on you = detained and by constitution, seized.

In ALL other cases you should not consider yourself detained. If you turn to leave and they say "wait a minute" or something of that nature, the first words out of your mouth should be " I'm sorry but I don't have time to talk right now" turn and keep going. The officer’s next words or actions will tell you what your status is.

I agree it takes gumption to do this. We all have been trained from childhood to respect (I hope), trust, and look at Police as authority figures. In essence we have also been trained to fear them for what we THINK they can do and the power we THINK they have.

Now comes the problem. If you implement your constitutional rights and turn to leave, will the police officer know you have the right to leave? Comes up to his/her training.

Also be aware that many officers are trained in Verbal Judo. It’s best just to say “I don't have time right now" and keep going. Do not answer the next question or statement from the officer. If you give a verbal judo trained officer an answer they will turn it around on you so you have to answer yet another question and before you know it you have willingly detained yourself. If during this exchange the officers tells you can't go then you know your status.

I hope this helps.

ToW