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Police stop of pedistrian

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My son's friend was stopped this date while walking. He left his home and was walking appx. 6-7 blocks to a local diner. His house is next to a black area where crack is sold. The diner is on the opposite end of the area. He was following the most direct route. The officer stopped him because the "only reason white people come into this neighborhood is to buy drugs". The officer requested ID. He refused. He was arrested for several charges. These include resisting arrest, delay of police officer, failure to produce id. We live in North Carolina.

The supreme court ruled on a case where a black man walked in a white neighborhood late at night. He was stopped and questioned because it appeared suspicous. What is this case?

My son works at this diner. He is a cook. The place sales liquor by the drink. He has been stopped twice because he was leaving an established late at night that serves alcohol. He is 18.

What is the law on this?

 


calatty

Senior Member
The case is Kolender v. Lawson (1983) 461 U.S. 352. It sounds like the police did not have sufficient cause to detain your friend's son.
 
B

bird1

Guest
Sorry Ma'am- see Terry v. Ohio, 392 U.S. 1(1963) a Police officer, with less than probable cause for an arrest, may detain and pat down a suspicious person whom he has reason to believe he has or is about to commit a crime.

Reasonable suspicion can be based on: tips from informants, anonymous tips if corroberated, info from another jurisdiction,Drug courier profile, and the officers observation of the suspects behavior considering the hour and place
 

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