Teen15 said:
Florida
Ok Here is Full Explanation.
I (Male) was walking down the street with another friend also 15 years old(male). It was Around 7 o'clock P.M. We were walking down the side walk to a theatre nearby. Allthough I told my parents I was going to the park instead. The Cop Pulled his car over and asked us to stop walking, we were just walking so he really had no reason to stop us. He then asked us where we were going, we told him exactly what we were doing. He then asked if are parents knew, and we said no. Then he asked for are parents numbers to call them and tell them where we were going. Just to see if it was ok. We gave him the numbers and left messages w/ are parents. Though are parents did not answer, he said he would leave it up to them to decide what to do, and he ended up driving us to the park. He said he stopped us because he see's alot of kids ending up being dropped off, then the kids will go somewhere else with out the parents knowing. Such as we were doing. Never had any other encounters with this cop. We were just walking, thats it. We were polite the entire time. Did exactly what he told us to do.
Question: Did I have to obey the cop in that situation, I do not believe he had any right to stop and ask us for are parents numbers. What could he do If I said No? Please tell me what a cop can and cant do in that situation.
PS- If you need more specific facts, please ask what facts are needed to just give me some advice.
Hi.
Before I begin, I'd like to caution you not to pay attention to the other responses you've received, because they are grossly inaccurate. I can provide you with proof of my legal education if you care to email me.
You claim to have been walking down the sidewalk at the time, en route to a destination in the early evening. Anyone, whether it be a hot woman who spotted you and wanted to introduce herself, or a police officer who wants to know if everything's okay, may ask you to stop to talk to you. This is regardless if you're 18 yet or not. And for all the officer knew, you were 18. BTW, this has nothing to do with loitering.
Now, the question is not whether or not he had the right to ask you to stop and talk for a moment, but whether or not you were legally required to answer his questions and whether or not he had the right to arrest you.
Given the story and purported facts as you state them, it is likely that he did not.
1) "He then asked us where we were going, we told him exactly what we were doing".
***You are not legally required to answer this question. But since you were unaware at that moment why he had stopped you, it probably would have been logical to tell him you were en route to "somewhere" or that you were simply "taking a walk" until you learned more about why he stopped you.
2) "He then asked if are[our] parents knew, and we said no.
***Again you are not legally required to answer this.
3) "Then he asked for are parents numbers to call them and tell them where we were going.
***Again, certainly did not have to answer this legally.
4) " Then he asked for are parents numbers to call them and tell them where we were going."
***Same answer.
5) "Though are parents did not answer, he said he would leave it up to them to decide what to do, and he ended up driving us to the park. He said he stopped us because he see's alot of kids ending up being dropped off, then the kids will go somewhere else with out the parents knowing."
Okay, here's where your rights were likely violated. The police officer is likely guilty as a tortfeasor who committed false arrest (a type of false imprisonment). In general (and simply stated), when the arresting party knowingly holds someone who has not committed a crime under such circumstances, he is guilty of false arrest. He apparently was not leaving it up to you whether or not you wanted to go with him in the car: "he said he would leave it up to them[parents]." He then apparently abused his authority as a police officer by making you go with him in his car, and took you to a location to which you did not consent to go to, which btw, was not your home.
Now, regarding cases involving minors, courts do take this into effect with reason. For instance, if two five year olds are wandering off down the road unsupervised, a police officer would have justifiable reason to detain them until finding a guardian in order to protect their safety. This would not apply in your case as a young man in high school (a 6'4" one, no less). Other reasons may include if there was a dangerous situation in progress, like a beginning riot, etc. A law for minor curfew would clearly not be the case here in the event there is one in your area (it was 7:00). Besides, the police officer gave his reason for detaining you. It had nothing to do with suspicion of you committing a crime, etc. There was no protected legal privilege or warrant in this case.
If you feel bothered by this and wanted to sue, I'd recommend sitting down with your parents and discussing it in a mature and formal manner, letting your parents know you feel embarrassed and bothered by the situation, and that it offended your dignity; and that you are not a little boy any more but a young man and feel that your rights were violated and that it's important for you pursue this legally. Many attorneys give free consultations, and you may be able to get attorney's fees and costs with a successful suit. In the event that your parents didn't want to make an appointment with an attorney, you may still be able to sue after turning 18 if the statute of limitations hasn't run out (I doubt it).
Regardless, remember what I have told you for the future. But also be aware that reality sometimes can complicate a situation. For instance, the police officer may lie about what happened. In fact, if he were sued, you could probably expect it. And in general, most wise people (even attorneys) will cooperate with police in many instances to a 'reasonable point' even when they know the officer is wrong or exceeding his authority, often because of fear that the officer will be corrupt and make something up if you piss him off, plus you can always sue them afterwards. In your case, there are two of you, and it does help a lot for convincing a jury.
Good luck!