Anyone ever file a complaint after being pulled over without suspected Probable Cause?

If cops are going to pull people over without there being a traffic violation or actual evidence that a crime was commited they can't get mad when people give them a bunch of shit during the stop. I have personaly pulled into empty parking lots to make a call, return a text or to find directions on my phone to somewhere. I would be pretty shitty if I got pulled over for it.

 

You can complain to SCOTUS. It's their standard. A parking lot at night, with no open businesses and a vehicle leaving the lot is reasonable suspicion enough to warrant a stop. Remember reasonable suspicion is the level at which an officer suspects...not HAS probable cause that criminal activity MAY be afoot...not IS afoot.

You would also feel pretty shitty if you were the business owner and you knew the police let the burglar get away without stopping him/her. They would be the first to show up and complain why the cops don't do anything. It's a damned if you do, damned if you don't world we operate in. Navigating that line inevitably pisses someone off.

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Getting notified of an alarm going off at a business and then seeing someone leave a parking lot is a different situation.

 

I wouldn't put them in the same sentence. Patrolling is passive; the presence of authority is being put on display. Serving a warrant is a reactive action - the warrant is the effect of an action that occurred already.

 

ok...what if the person leaving that closed business is a key holder/owner that locked up for the night? There are a million reasons someone may be leaving an empty parking lot at night. I've done it to send a text. Harassing people that have done nothing wrong with total impunity encourages people to make bad decision. ie - I'm not pulling into a parking lot again, i'll just text and drive.

 

Do you mean "standard" as the new legal requirement or just what PD's are now doing to pull someone over?

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Negative. Patrolling is proactive.

In one way you say it's passive then you say the presence is good as if your inferring that its proactive.

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Question, what would warrant reasonable suspicion of a car, late at night, in an empty parking lot?

What makes it suspicious? Nighttime?

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I stand corrected, and I am happy to be corrected by someone that offers constructive criticism in a mature way. I've learned something today. I think you understood my intent - my wording was a bit sloppy.

 

What authority is being displayed by undercover cops / detectives?

Don't blow smoke up my ass and tell me they don't patrol.

 

Brother, youre good. I also try to tread lightly on here, too
Ty for your mature response and understanding.

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Psychologically, it would possibly make someone double think about a crime if they know that UCC are sometimes in the area.

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you just drifted into left field. this topic is about uniformed officers. come back to the light!

this has gone from i got pulled over for nothing to how do we insert undercover cops to catch criminals in the act.

EVERYBODY wants the cops to nab a bad guy. Nobody wants to be harrassed for no good reason. Stick to the OP's subject, as that is what my arguments are based on.

 

look man, there are asshole cops out there, and I'm a LEO myself, I work with some real assholes, you have guys that get in moods and openly state "I'm ready to go out and dig some shit up" it's sad but true. As said, pc is pc, no matter how much you think it's bullshit, and I ain't gonna sugar coat it, you sounded like you were a bit of a dick with a few comments you made, his thick glasses? like really? grow tf up dude!

I was recently promoted to Lieutenant in my department, I'm tasked with keeping assholes like these in line. As said, if you feel your rights were violated (they weren't) file a complaint. Ever heard the saying "kill em with kindness" or "you get more bees with honey, than with vinegar" I've given warnings more times than I can count because the person I stopped was kind, and not a total dick, that's part of our discretion......


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First off a private business parking lot is not the same as a public roadway or area. Most shopping centers hand over enforcement authority to the local police through ordinance. Its the reason police can write handicap/firezone tickets, etc. It is still technically private property, and the police are acutely aware of the operation hours and trespassing postings at the shopping centers. Reasonable suspicion is about how a reasonable officer observing said action would feel given the same facts and totality of circumstances. Perhaps there have been past nighttime break ins at this location? Past trespassing complaints? All of these factors build toward the officers reasonable, articulable suspicion. Reasonable suspicion is evaluated using the "reasonable person" or "reasonable officer" standard, in which said person in the same circumstances could reasonably suspect a person has been, is, or is about to be engaged in criminal activity; it depends upon the the totality of the circumstances, and can result from a combination of particular facts, even if each is individually innocuous.

...and to your other point if you text and drive you have now handed the police actual probable cause to stop you based on an observed violation. The bottom line is that reasonable suspicion is that area that rests between a "hunch" and probable cause. It must be backed up with facts and information that lead the officer to believe that criminal activity MAY be afoot. Some of those facts and determining factors you, as the subject of the detention, may not have access to or be privy to. Listen...don't kill the messenger. I'm just telling what it is and how it's used and yes...if an officer can articulate why, based on the circumstances you were stopped in a business parking lot after hours...it will stick.

It's not a requirement...its the minimum legal requirement (standard) that an officer needs to stop and briefly detain someone. It's not a policy, it's the accepted legal standard for every police officer in the US.

See my above dissertation...

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I’m glad someone else is now taking about reasonable suspicion. You can lay out hypos all day long at the end of the day it’s going to be up to a judge if it’s been meet or not. I’ve had it go both ways.

You have many facts that can get you to the standard like time of day location, other known facts of the area can all be used.

 

Lmao

The troll runs back under the bridge after facing logic.

At least you’re consistent.

 

I agree with you, but would possibly make sometimes isn’t a viable strategy.

 

The fact that it’s a lone car in a parking lot after hours. Kind of like an abandoned piece of luggage at the airport. Emphasis on “kind of”


Edited to add: please forgive me not using the multi-quote feature