Walk It Through: The Stop On The Sidewalk
A question on the street, a pat down, an arrest, and the first night in custody.
Late at night, an officer stops a person walking near a store that just reported a break-in and asks who they are and what they are doing.
Two things a person in this spot might do. Picking one shows what the law says about it.
One stop on foot. The charge itself, a search of a phone, the preliminary hearing and a public defender are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Reasonable suspicionWhat a peace officer needs to stop a person in a public place: a reasonable suspicion that the person is committing, has committed or is about to commit a crime. With it, the officer may demand a name, address and an explanation.
- Search for a dangerous weaponThe search an officer may make of a person stopped on reasonable suspicion when the officer reasonably suspects being in danger of life or limb, limited to finding a dangerous weapon.
- Arrest without a warrantAn arrest a peace officer may make on reasonable cause to believe the person committed a felony, or a misdemeanor where the person would otherwise escape, may cause injury, may destroy evidence, or committed it in the officer's presence.
- Citation in lieu of arrestA citation issued in place of an arrest. For an offense classified as an infraction, a citation is issued rather than an arrest, apart from the exceptions the law lists.
- InfractionAn offense that is not a crime of any class. Where no other penalty is set, a first offense is a fine of not more than one hundred dollars.
- Reasonable cause to believeThe standard that triggers the duty to report child abuse or neglect, which reaches physicians, nurses, school employees and any other person.
- Personal recognizanceRelease on a promise to appear, without money. A bailable defendant is released on personal recognizance unless the judge decides it will not reasonably assure appearance, or could endanger evidence or other people.