Suspicion Officer Requirements from a Judge

My VID Playlists / mrmotofy
FYI, always record and try to clarify if you're detained and why. If they threaten you with an arrest for not ID'ing that is enough to get charges dropped and file a suit for Rights Violations, if they had no Suspicion of Criminal Activity. At that point they are acting under color of law if you don't give an ID they will haul you to jail. So best to articulate you're doing so under threat of arrest and not voluntarily. When they threaten and intimidate you it can also be a Rights Violation called Prior Restraint.
CONSENSUAL
[I]n the absence of a seizure, a police-citizen encounter is considered consensual and ‘will not trigger Fourth Amendment scrutiny.'” United States v. Farrior, 535 F.3d 210, 218 (4th Cir. 2008) (quoting Florida v. Bostick, 501 U.S. 429, 434, 111 S. Ct. 2382, 115 L. Ed. 2d 389 (1991)). And the Supreme Court has made clear that a Fourth Amendment “seizure does not occur simply because a police officer approaches an individual and asks a few questions.” Bostick, 501 U.S. at 434; accord United States v. Sullivan, 138 F.3d 126, 131 (4th Cir. 1998).[iii]
DETENTION
Even in the absence of probable cause, “[t]he Fourth Amendment permits brief investigative stops . . . when a law enforcement officer has ‘a particularized and objective basis for suspecting the particular person stopped of criminal activity.'” Navarette v. California, 572 U.S. 393, 396-97, 134 S. Ct. 1683, 188 L. Ed. 2d 680 (2014) (quoting United States v. Cortez, 449 U.S. 411, 417-18, 101 S. Ct. 690, 66 L. Ed. 2d 621 (1981)). Pursuant to Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968), and its progeny, such stops require only that the investigating officer have “reasonable suspicion” that “criminal activity may be afoot.” United States v. Arvizu, 534 U.S. 266, 273, 122 S. Ct. 744, 151 L. Ed. 2d 740 (2002) (internal quotation marks omitted). Though a mere “hunch” is insufficient to give rise to reasonable suspicion, the proof required to meet this standard is “obviously less” than necessary to establish probable cause. Navarette, 572 U.S. at 397 (internal quotation marks omitted). Like probable cause, the reasonable suspicion analysis is an objective inquiry that looks to the “totality of the circumstances.” Ibid. And because the existence of reasonable suspicion is a “commonsensical proposition, courts are not remiss in crediting the practical experience of [*12] officers who observe on a daily basis what transpires on the street.” United States v. Foreman, 369 F.3d 776, 782 (4th Cir. 2004).[iv]
ARREST
[U]nder the Fourth Amendment, a warrantless arrest is an unreasonable seizure unless there is probable cause to believe that a criminal offense has been or is being committed.” United States v. Johnson, 599 F.3d 339, 346 (4th Cir. 2010). In determining if a law enforcement officer had probable cause to make an arrest, we ask whether “at the time the arrest occur[ed], the facts and circumstances within the officer’s knowledge would warrant the belief of a prudent person that the arrestee had committed or was committing an offense.” United States v. Manbeck, 744 F.2d 360, 376 (4th Cir. 1984). While this inquiry is an objective one, Johnson, 599 F.3d at 346, it [*11] “does not involve the application of a precise legal formula or test,” United States v. Humphries, 372 F.3d 653, 657 (4th Cir. 2004). Rather, we must undertake a “commonsense and streetwise assessment” of the totality of the circumstances, giving due deference to the “inferences drawn by law enforcement officers on the scene.” Humphries, 372 F.3d at 657.[v]
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