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Can a cop tell us to go home?

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WaywardVagabond

Junior Member
New Jersey

So me and my friend we're out walking the streets as we tend to do commonly at night. On this night/morning (It was 9/24/2013 at 1:30 am) we were on one of the many streets that our wandering happens to take us down, and as normal we were staying off to the sides of the roads. Now we don't live in a particularly bad neighborhood it's actually pretty quiet and calm throughout the days and nights.

Keep in mind me and my friend are both twenty years old, and last time I had checked the state wide curfew only applies to people who are under the age of 18.

On this particular night though one of the friendly neighborhood overnight police officers happened to stop us, and ask us what we were doing. Now we're no strangers to being stopped and asked what we're doing, it typically happens once in the blue moon, and typically we are just told to have a nice night. Now on this particular night, the cop who stopped us, told us something particularly strange. We've never been told this. The conversation went something like this:

Cop: "Where are you guys going?"

Us: "Just wandering around."

Cop: "Are you guys heading somewhere in particular? Back to your house or..?"

Me: "Not right now, I just like wandering to clear my head, I'm nocturnal and don't like sitting around in a day"

Cop: "Well you have to either go somewhere, or go home."

Now the question is, can the cop legally tell us where we can and can't go? Can he legally tell me I have to either "Go somewhere, or go home"? Because that's a pretty harsh thing to say to two people who just don't like sitting around.
 


Proserpina

Senior Member
New Jersey

So me and my friend we're out walking the streets as we tend to do commonly at night. On this night/morning (It was 9/24/2013 at 1:30 am) we were on one of the many streets that our wandering happens to take us down, and as normal we were staying off to the sides of the roads. Now we don't live in a particularly bad neighborhood it's actually pretty quiet and calm throughout the days and nights.

Keep in mind me and my friend are both twenty years old, and last time I had checked the state wide curfew only applies to people who are under the age of 18.

On this particular night though one of the friendly neighborhood overnight police officers happened to stop us, and ask us what we were doing. Now we're no strangers to being stopped and asked what we're doing, it typically happens once in the blue moon, and typically we are just told to have a nice night. Now on this particular night, the cop who stopped us, told us something particularly strange. We've never been told this. The conversation went something like this:

Cop: "Where are you guys going?"

Us: "Just wandering around."

Cop: "Are you guys heading somewhere in particular? Back to your house or..?"

Me: "Not right now, I just like wandering to clear my head, I'm nocturnal and don't like sitting around in a day"

Cop: "Well you have to either go somewhere, or go home."

Now the question is, can the cop legally tell us where we can and can't go? Can he legally tell me I have to either "Go somewhere, or go home"? Because that's a pretty harsh thing to say to two people who just don't like sitting around.

Yes, yes he can.

"Go somewhere, or go home" equals pretty harsh?

Good gravy. That doesn't approach being close to even the teensiest teeny tiny droplet in the Great Sea Of Harshness.
 

justalayman

Senior Member
He can tell you anything he wants to tell you. He cannot make you go home or any place else actually. I suspect your state has loitering laws and other laws that may be applicable should the cop have a problem with you wandering though but in itself, if you were breaking no law he has no right to demand you do anything
 

Proserpina

Senior Member
He can tell you anything he wants to tell you. He cannot make you go home or any place else actually. I suspect your state has loitering laws and other laws that may be applicable should the cop have a problem with you wandering though but in itself, if you were breaking no law he has no right to demand you do anything

I think that's the distinction ;)

OP asked if it was legal for PC GoodlyJob to tell them to go home = resounding yes.

Actually enforcing the command when no law has been broken = not so much.
 

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