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Street Cop Podcast

The Mere Inquiry

Street Cop Podcast

Street Cop Training

Education

4.9967 Ratings

🗓️ 28 July 2021

⏱️ 9 minutes

🧾️ Download transcript

Summary

In this throwback episode, Dennis explains that while you cannot detain a pedestrian without probable cause, you are certainly allowed to make inquiries. Recorded on 03/20/2017.

Transcript

Click on a timestamp to play from that location

0:00.0

One of those you just tuned.

0:02.0

I'm trying to be a street cop.

0:10.0

Sorry for those of you just tuned in, I've had a connection issue again.

0:15.0

It's a freaking thing.

0:16.0

But we're good.

0:17.0

We're back to where we need to be.

0:19.0

Today we're going to talk about the New York Inquiry and the constitutional justification allowed you to just talk to somebody. And this is a guy who just wrote into me a couple days ago about the train interdiction, some more clues about it. I'll be honest with you a little bit of trained interdiction. I did some of it. And really, I use this law to do that. You can use this at any time, at any place, without any kind of reasonable suspicion or any kind of justification.

0:42.1

As a police officer, basically, you're allowed to talk to people.

0:45.1

So I'm going to read you just some things from my notes here.

0:47.4

It's an mirror inquiry.

0:48.8

A mirror inquiry needs no constitutional justification.

0:51.2

A law enforcement officer needs no constitutional justification to approach

0:54.6

an individual on the street or in another public place and ask if the individual is willing to

0:59.8

answer some questions and ask the individual questions if he is willing to listen.

1:04.9

All right. State versus Davis, 1986, and see Florida versus Royer, which is the United States

1:09.4

Supreme Court case out of 1983. It's R-O-Y-E-R. And I'm going to Google that, put that up here, and you guys can click on that and read through that as well. So a person in a mere inquiry has the right not to answer questions, but to him, he may decline to listen to the questions at all and may go on his way. The person may not be detained even momentarily without reasonable objective grounds for doing so. And his refusal to listen to answers or answer does not without more furnish those grounds. Okay. So literally what they're saying is you could be on a train platform. You can walk up to people and say, hey, I'm, how you doing? I'm uniformed or I'm not uniformed. You can identify yourself. I'm going to talk about that in a second. You can say, hey, I'm officer so-and-so at this

1:47.9

police department. You know, can I talk to you for a second? You might step it over? You'll just talk to you for a second? Most people are going to are going to engage and say, yeah, that's no problem, especially somebody who's engaged in criminal activity. They're not going to try to just dip out on it.

1:45.1

One trick I will tell you, this is a great, great tool is when you're going to approach somebody, before you even start with them, reach your hand out and go on for that handshake. I always told people, if you want to get somebody to stay with you and feel compelled to speak with you constantly and not leave you, give them a handshake. And people feel like once you shake their hand and you get

2:19.0

that that handshake locked in, they will not disengage from you. You're not making them mistakes.

2:23.4

It's just a handshake. Also, what you know is when you show up somewhere and you're on a train

2:28.7

platform or maybe you're in a public place, the first person who grabs their cell phone picks it up and starts talking on it. They're probably pretending or starts making a phone call or start going on as soon as they see you, like there you are, and then they go right to their phone into their pocket, take it out and they start trying to, you know, be engaged in a conversation or a text conversation. That is somebody who's trying to, you know, really get their mind of the fact that you were there. So I would focus on those people. Also, the first person that starts walking away when you show up is probably somebody who is wanted or up to no good. I always tell people that my classes, when you pull up somewhere, you show up to a fight and people are just trying to leave and walk away. Focus on who's trying to leave and try to stop that person leaving. Now, I'm not telling you to illegally try to stop those people. You know, if you're in the circumstance and you have to hold them there for whether maybe they're a witness or you have reasonable suspicion, that's fine. But just know what the legalities are. You may want to just engage with that person. So when I say stop them, I don't mean physically grab them. I'm talking about, hey, man, can I talk to you for a second real fast? You know, again, you have to know that if somebody doesn't want to engage with you and you have no reasonable suspicion, you have to let them walk up on their way. But you can ask, you can ask them for ID. You can go a little more into this. Let me just read through this a little bit. All right. Let me flip my page here. So let's talk about hunches. A proper mere failed inquiry may be based on a hunch. State versus Maryland, 2001. Courts do not prohibit a law enforcement officer from having hunches. Experienced police officers can develop a feel or a six sense for situations where

3:58.2

something seems it may be amiss or is not quite right. Here's the critical points to keep in mind.

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