At 11:27 AM 11/3/1999 -0500, Karen H.Mahnk wrote:
>Andy;
there was recently a case which confirmed that Police do *not have the
>right to just walk up to any individual without specific cause & question
>or request ID(I saw it in a passing email post - perhaps someone else has
>the specific citation). The court found that such action to be a breach of
>the constitution. Regardless of all the good intentions for doing so, our
>laws frown on such demands.
............................................further response.................
I believe US Supreme Court oral argument has just been heard
on a case involving the right of the police to conduct a
" Terry Search" of an individual who was apprehended for
merely running at the sight of a uniformed police officer. The Court
was troubled by the government ( Illinois???) argument, which was
bolstered by the U.S. Government as amicus curiae, that it was o.k.
to do so because anyone who flees the police on mere sight probably
has something to hide. Justices Souter and Breyer were particularly
troubled by that position. So am I. If I were Black and four squad
cars pulled up with cops piling out, I would get the hell out of
there too, rather than be the next Amadu Diallo. The only thing
fleeing a cop indicates to me under those circumstances is good
judgment and a strong sense of self preservation, not guilt of
anything.
========================================
Hal Weiner, COLES & WEINER, P.C
Members of the National Employment
Lawyers Association / New York Chapter
342 Madison Avenue New York, NY 10173
(212)856-9530 vox (212)682-3770 fax
http://www.peconic.net/lawyers
E-mail: druidlaw@interport.net
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