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Originally written by u/Alex_93 on r/legaladvice.
If a police officer stops you for no reason do you have to acknowledge him?
https://www.reddit.com/r/legaladvice/comments/156ey3/if_a_police_officer_stops_you_for_no_reason_do/
I was out on my usual timed 4 mile run when I saw bright cop lights from the end of the street I was on, .7 mi away. As I got closer I saw that there were 3 cops, all with their lights strobing. (The cops lights in my city are exceptionally well lit and hurt my eyes every time i see them) I turn at the street corner continuing down my normal route as I call across the road to them (This is at 11:30 at night) "Those lights are disturbing people you know" and a couple of seconds later "So turn 'em off maybe?" One officer yelled to me "Quit yelling" and I just continued on my way. A couple of blocks down the road an officer rolls up and shines his spot light on me. He opens his door and I said to him "I haven't done anything wrong, I haven't broken any laws, I don't have to stop" and continued my jog. (I had been running for over 2 miles non-stop, not going to quit now) For some reason the officer got out to pursue me on foot, after about 20 yds or so I stopped. He caught up, grabbed me and put me in handcuffs, saying "You're going to jail." I was charged with Evading Arrest and spent the night in jail (wtf). Did I actually "evade arrest" or am I not at fault here?
The bond costed $1000, of which I had to pay $165 to go home the next day. Is there a way I can make all of this go away (I really don't want evading arrest on my record) and get a refund for the cost of the bond?
Update: It has been 16 days since my arrest and still no court date. The lawyers seem to be too expensive for me and not as confident as I would hope. I think I'm going to apply for indigent counsel. Thoughts? Update 2: I was arrested December 21. It is now February 7. I still have no court date.
Update 1: Arrested on a jog for Evading arrest. (Cont.) Police Report in.
Overview: I was out on my usual timed 4 mile run when I saw bright cop lights from the end of the street I was on, .7 mi away. As I got closer I saw that there were 3 cops, all with their lights strobing. (The cops lights in my city are exceptionally well lit and hurt my eyes every time i see them) I turn at the street corner continuing down my normal route as I call across the road to them (This is at 11:30 at night) "Those lights are disturbing people you know" and a couple of seconds later "So turn 'em off maybe?" One officer yelled to me "Quit yelling" and I just continued on my way. A couple of blocks down the road an officer rolls up and shines his spot light on me. He opens his door and I said to him "I haven't done anything wrong, I haven't broken any laws, I don't have to stop" and continued my jog. (I had been running for over 2 miles non-stop, not going to quit now) For some reason the officer got out to pursue me on foot calling for me to stop about 3 or 4 times, to which i continued calling "I haven't done anything wrong" and "I haven't broken any laws", after about 20 yds or so I stopped. He caught up, grabbed me and put me in handcuffs, saying "You're going to jail." I was charged with Evading Arrest and spent the night in jail (wtf). Did I actually "evade arrest" or am I not at fault here? The bond costed $1000, of which I had to pay $165 to go home the next day. Is there a way I can make all of this go away (I really don't want evading arrest on my record) and get a refund for the cost of the bond? Update: It has been 16 days since my arrest and still no court date. The lawyers seem to be too expensive for me and not as confident as I would hope. I think I'm going to apply for indigent counsel. Thoughts? Update 2: I was arrested December 21. It is now February 7. I still have no court date.
Diagram of Encounter: Running up to the corner, I see 3 cops parked perpendicular to the street I was on. (Next to the curb on the street I was turning on ((still across the street))) The officers were not in the house, but out at their cars, I dont remember seeing any suspects, though there could have been a few.
[House] [BPDcar] [Officers] [BPDcar] [BPDcar]
______________________"stop yelling"(comment 3) __________
street
__comment1___>_____My path_______________comment2>
|
|
Here is the newly acquired police report. On the reported date and time, Officer Garrett-391 responded to the 900 blk of SW Hillside. Dr. at the request of Officer Pilgrim-384. Officer Pilgrim-384 was conducting an investigation in the 700 blk of SW Hillside and he advised a w/m wearing sweat pants and glasses ran through their investigation and yelled at them. The w/m was advised to stop disturbing the peace and move along at which he yelled at them again before running off. Officer Pilgrim-384 requested Officer Garrett-391 stop the subject and identify him. The w/m was located in the 900 blk of SW Hillside. Dr. Officer Garrett-391 positioned his patrol vehicle infront of the w/m and placed the spotlight on him. The officer then exited the patrol vehicle and said, "Police. Stop." The subject said "no." and kept running. Officer Garrett-391 chased after the suspect on foot for approximately 30 yards before catching him. While running, the officer gave commands for the suspect to "stop" approximately four more times. Each time a command was given, the w/m acknowledged with some statement about how he did not have to because he had not broken a law. The w/m refused to give the officer his name and birthday until they were at the Burleson Jail. At that point he was identified as Alex. (OP)
Useful Information: Florida v. Royer, 460 U.S. 491 (1983). The person approached, however, need not answer any questions put to him; indeed, he may decline to listen to the questions at all and may go on his way. He may not be detained even momentarily without reasonable, objective grounds for doing so; and his refusal to listen or answer does not, without more, furnish those grounds.
Update 3: Arrested on a jog for Evading. (Final Report)
https://www.reddit.com/r/legaladvice/comments/1980f3/arrested_on_a_jog_for_evading_final_report/
Original post: http://www.reddit.com/r/legaladvice/comments/156ey3/if_a_police_officer_stops_you_for_no_reason_do/ Second Post: http://www.reddit.com/r/legaladvice/comments/183gqo/arrested_on_a_jog_for_evading_arrest_cont_police/
I went to court this morning with my lawyer, my case was dismissed with hardly a glance at it. Everything went great! Thanks for all of the advice and motivating words! If I ever need help again, I know where to come! :)
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