SmarterThanTheAverageBear
Gold Member
- Aug 22, 2014
- 29,410
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- #61
This is just another example of people not understanding their rights, but thinking they do. People learn your rights...
What did he get wrong? People have the absolute right to ask police if they are being detained whenever they are stopped. The fact that the cop said he wasn't being detained, and then claimed he was not free to leave, showed that the cop was the one that didn't understand the law.
No in fact you are wrong sir, and so was the driver.
Detained is a legal term. SCOTUS has ruled that the brief time taken to initially question each driver does not arise to the level of detainment and in order for an officer to then detain a driver he THEN must have a reasonable suspicion to do so.
So legally speaking you are not detained when you roll through a check point.