Now, for a final teaching to those who reach this point and feel a bit dirty, let me add a personal story back in the short time I was a cop and my thinking. It may not have been correct, but, I hadn't studied more than at the academy at the time.
The city was getting a large number of burglaries in a certain section of the city. They were all happening, it seemed, around noon. The certain section of the city had flood control channels behind the houses that were close to and connected to one behind the local high school. It was thought students were leaving at lunch through the channels and committing the burglaries. We didn't know, but, that was what was supposed.
Now, around noon in the area of the city with the high recent incidence of burglaries, I was on routine patrol. The day was incredibly hot and humid. It was unseasonable and near a hundred. One of the days you don't get out of your air conditioned car unless you have to. Then, I saw a man walking down the sidewalk, in a TRENCH COAT, looking like he had something under his arm (under the coat).
What should I do here? We have a spate of crime in this area that has been happening at this time and this guy is hiding something under his coat. His COAT! No one was wearing a coat today.
1. Did I have probable cause to arrest him? Did I have reasonable suspicion to detain him for a reasonable investigation? Would my Sargent be upset if I didn't at least behave as any citizen has a right to and walk up and talk with him? (But not stop him if he declines and leaves. Aka consensual encounter.)
As I approach, it becomes obvious something is under his arm and concealed by the coat. I think of Terry v. Ohio and the facts there and believe it a good match--kinda. But, I just talk. Ask him his name and why he is here. He tells me a name and that he was coming from a friend's house and points up the street. I ask him his friend's name. He says he "thinks" it is John. I query as to how unusual it is one does not know one's friend's name. He replies it is because he just met him. I ask which house does John live in and he again points up the street with an answer, "Somewhere up there, I don't really remember."
2. Did I have probable case to arrest him? Did I have reasonable suspicion to detain him for a reasonable investigation? Is this still a consensual encounter where he could leave if he wanted?
Now I get to the meat of the encounter and ask him what is under his coat. He replies, "Nothing" and then, to show me it was nothing he starts to raise his elbows away from his sides. I am about 6 feet away from him as his arms start to go up when, suddenly, he spins the side with the item away from me and with his right hand he reaches into his coat in the area of the arm pit. Adrenaline surges in me, time slows down and all I really remember is repeating "Fire Truck, Fire Truck, Fire Truck" repeatedly in my mind. (There may have been a few less letters, but my memory is foggy as this happened over 25 years ago.)
3. What should I have done? Even if I pulled a firearm, because I was so close, I would not have time to determine if there was a risk to me before I fired. I have all the information I'm going to get right now and had to decide.
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1. I know I didn't have enough facts to lead to probable cause and arrest here. It's not illegal to wear a coat inappropriately in an area and time were burglaries are occurring. Nor is it illegal to have something under that coat. In fact, while suspicious, I don't think I had enough to detain if he wanted to continue on his way. Hunches are not enough. But, I did know that it was appropriate to approach him and talk.
2. I know I didn't have enough facts to lead to probable cause and arrest him here either. Sure, his story is suspicious and there is no longer just a suspicion something is under his arm but it is obvious, but not enough for probable cause. Reasonable suspicion? Probably. I think I had enough to detain if needed. He, while deceptive, was still cooperating so I didn't need to make that call. But, I don't believe I would have just allowed him to leave right then.
3. I rushed him and slammed him to the ground and then jumped up and drew my firearm. Then I see what was under his arm that he was trying to hide and, when combined with my attack, broke his ribs. A large bottle of whiskey. Paramedics were called and he was taken to the hospital. Use of force investigation had a woman in the house we were in front of tell the same story, including the fact she thought he had spun back to draw a gun from a shoulder holster. Cleared by my agency and victim did not sue even though he was not arrested. Pity for both I didn't order him to sit on the ground before this point. 3.
