"Where an individual is detained, without a warrant and without having committed a crime (traffic infractions are not crimes), the detention is a false arrest and false imprisonment." Damages Awarded: Trezevant v. City of Tampa, 241 F2d. 336 (11th CIR 1984)
...upon the rationale the Legislature did not intend to classify infractions as crimes People v. Sava (1987) 190 Cal. App.3d 935, 235 Cal.Rptr. 694 [No. D005040. Court of Appeals of California Fourth Appellate District, Division One, March 27, 1987.]
“Detentions are seizures...” People v. Verin (1990) 220 Cal. App.3d 551, 269 Cal,Rptr. 573 [No. A046244 Court of Appeals of California, First Appellate District, Division Four, May 17, 1990]
“It is true a temporary detention constitutes a seizure of the person subject to the constraints of the Fourth Amendment. (Terry v. Ohio, 392 U.S. 1, 16 [20 L. Ed. 2D 889, 902-903, 88 S.Ct 1868].)
A detention exists (1) when you assert authority over a person in a way that a reasonable innocent person would feel compelled to submit to and (2) the person in fact submits. (Hodari D. (1991) 499 U.S 621, 626, Cartwright (1999) 72 Cal. App.4th 1362, 1367, Turner (1994) 8 Cal.4th 137, 180.)
DETAIN: To retain as the possession of personalty. First Nat. Bank v. Yocom, 96 Or. 438, 189 P. 220, 221.
To arrest, to check, to delay, to hinder, to hold, or keep in custody, to retard, to re strain from proceeding, to stay, to stop. People v. Smith, 17 Cal.App.2d 468, 62 P.2d 436, 438. (Blacks Law 4th Ed, Pg 535)
ARREST: To deprive a person of his liberty by legal authority. Taking, under real or assumed authority, custody of another for the purpose of holding or detaining him to answer a criminal charge or civil demand. Ex parte Sherwood, 29 Tex.App. 334, 15 S.W. 812. Physical seizure of person by arresting officer or submission to officer's authority and control is necessary to constitute an "arrest." Thompson v. Boston Pub. Co., 285 Mass. 344, 189 N.E. 210, 213. It is a restraints however slight, on another's liberty to come and go. Turney v. Rhodes, 42 Ga.App. 104, 155 S.E. 112.
It is the taking, seizing or detaining the person of another, touching or putting hands upon him in the execution of process, or any act indicating an intention to arrest. U. S. v. Benner, Bald. 234, 239, Fed.Cas.No.14,568; State v. District Court of Eighth Judicial Dist. in and for Cascade County, 70 Mont. 378, 225 P. 1000, 1001; Hoppes v. State, 105 P.2d 433, 439, 70 Okl.Cr. 179.(Blacks Law 4th Ed, Pg 140)
By definition, a detention is an arrest.
WRECK-(Blacks Law Dict. 4th Ed, Pg 1783) To destroy, disable, or seriously damage.
Zohner v. Sierra Nevada Life and Casualty
Co., 114 Cal.App. 85, 299 P. 749, 751. To reduce to
a wreck or ruinous state by any kind of violence;
to overthrow, shatter, or destroy; to cause to
crash or suffer ruin, synonymous with ruin,
smash, and demolish. Its antonyms are save,
salvage, and preserve. Star Mfg. Co. v. Quarries,
172 Okl. 550, 46 P.2d 497, 498. Destruction, disorganization,
or serious injury of anything, especially
by violence. Houston Printing Co. v.
Hunter, Tex.Civ.App., 105 S.W.2d 312, 317.
Wreck-2. (Websters Dictionary) Destruction or injury of anything, especially by violence; ruin; as, the wreck of a railroad train.
The wreck of matter and the crush of worlds.
So by definition, there is nothing wreckless about "speeding" until you cause damage or injury.
RAS(Reasonable Articulated Suspicion, Detentions and Arrests)
Detentions and Arrests, info and definitions by cowboyridn
Detention descriptions, consensual and when to walk away. An informational read
3 Different levels of Police/Citizen encounters Explained
4th and 5th Amendment Resources by user Citizen
This section authorizes officers to demand identification only when a person is suspected of committing a crime, but does not govern the lawfulness of requests for identification in other circumstances. State v. Griffith, 2000 WI 72, 236 Wis. 2d 48, 613 N.W.2d 72, 98-0931.
http://scholar.google.com/scholar_case?case=1226046509410140751&hl=en&as_sdt=2&as_vis=1&oi=scholarr
52 F.3d 194 UNITED STATES of America, Plaintiff-Appellee, v. Coye Denise GREEN, Defendant-Appellant. No. 94-1675. United States Court of App
Regalado v. State, 25 So. 3d 600 - Fla: Dist. Court of Appeals, 4th Dist. 2009
"Despite the obvious potential danger to officers and the public by a person in possession of a concealed gun in a crowd, this is not illegal in Florida unless the person does not have a concealed weapons permit, a fact that an officer cannot glean by mere observation. Based upon our understanding of both Florida and United States Supreme Court precedent, stopping a person solely on the ground that the individual possesses a gun violates the Fourth Amendment."
In evaluating the validity of investigatory stops, we must consider the "totality of the circumstances--the whole picture." United States v. Sokolow, 490 U.S. 1, 8, 109 S.Ct. 1581, 1585, 104 L.Ed.2d 1 (1989) (quoting United States v. Cortez, 449 U.S. 411, 417, 101 S.Ct. 690, 695, 66 L.Ed.2d 621 (1981)). Reasonable suspicion must derive from more than an "inchoate and unparticularized suspicion or 'hunch.' " Terry v. Ohio, 392 U.S. 1, 27, 88 S.Ct. 1868, 1883, 20 L.Ed.2d 889 (1968). Moreover, "[c]onduct typical of a broad category of innocent people provides a weak basis for suspicion." United States v. Weaver, 966 F.2d 391, 394 (8th Cir.) (quoting United States v. Crawford, 891 F.2d 680, 681 (8th Cir.1989)), cert. denied, --- U.S. ----, 113 S.Ct. 829, 121 L.Ed.2d 699 (1992).
A number of the factors relied upon by Carrill can be characterized as "conduct typical of a broad category of innocent people." Weaver, 966 F.2d at 394. We reject the notion that Green's travelling alone, carrying a small bag, wearing new and baggy clothes, and failing to make eye contact with Carrill, are in any way indicative of criminal activity. Thus, these factors cannot play a role in assessing the validity of the investigatory stop.
Under Florida v. J.L., an anonymous tip giving rise to reasonable suspicion must bear indicia of reliability. That the tipster's anonymity is placed at risk indicates that the informant is genuinely concerned and not a fallacious prankster. Corroborated aspects of the tip also lend credibility; the corroborated actions of the suspect need be inherently criminal in and of themselves., 2001 WI 21, 241 Wis. 2d 631, 623 N.W.2d 106, 96-1821. State v. Williams
An anonymous tip is not RAS
ID'ing yourself discussion
Any info listed is informational only and is not to be construed as any kind of advice.
