Law Student to Cop: “In order to stop me you have to suspect me of a crime”

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Do you know your constitutional rights? What would you do if the police stopped you and asked you questions without cause?

In Maine last summer, a law student was stopped and questioned by the police. Here’s what happened:

The young man asked why he was being stopped, and the officer told him that he had received calls about a man carrying a gun.

“That is not illegal. Can I have my gun back and be on my way?” the student responded. “In order to stop me you have to suspect me of a crime.”

Maine is a traditional open-carry state, which means that it is legal and acceptable to openly carry a firearm.

The officer then asked the student for identification. The student declined, correctly stating that he does not have to produce ID if he is not being suspected of a crime.

The student then referenced four court rulings to support his claims (Delaware v. Prouse, US v. DeBerry, Terry v. Ohio, and Brown v. Texas).

Eventually the officer gave up and let the student leave. In this case, the officer was polite and calm – the law student being questioned was one of the lucky ones. Recently, the news has been filled with stories of police misbehavior and abuse.

Knowledge is power. Know your rights. What should you do if you are stopped and questioned? Find answers here.