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Originally Posted by REDVAN
I would say yes he was unlawfully detained. All 3 officers had no need to confront the man, the uniform would do just fine. In addition, he was asked by the uniformed officer to keep his hands out- highly unusual procedure if he is not already suspected of something and just being questioned randomly.
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The number of officers and whether they were uniformed or not has nothing to do with his rights, and asking a person that they were talking to because of suspicious behavior in not unusual. Combine that in that he wasn't being randomly questioned according to what we've seen, but approached because he was acting in a unusual manner around the police and fidgeted with his pants and clothing like he was hiding something. The police do have a right to investigate this behavior. Combine that with the fact that they didn't physically search the man means that he had the right to walk away at any time since he technically wasn't under arrest. He willingly answered the police questions and volunteered that he was carrying a loaded firearm.
Quote:
Originally Posted by Devils'Advocate
I am not an expert or anything, so maybe it is standard procedure when questioned by a cop to hold your hands out, but I would refuse if asked for no reason.
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Are you kidding, if your talking to a cop who suspects you of something because your fidgeting with your clothing like your hiding something, or course they're going to be asked to keep your hands in plain sight. And suddenly jamming your hands into your pocket or your jacket is probably going to get you a one way face first trip to the concrete. And they already had a reason to at least question this guy, and they didn't need a warrent since he wasn't under arrest.
I'd say the cops acted properly based on what we see here.