re: Cop stands up to gun nut in Texas.

quote:

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You still haven't answered the question about you believe the police should do if the subject walks away during the interrogation.

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I don't think the question was ever posed to me, but I understand that is a difficult question. The issue is that if cops simply allow someone to walk away and not answer the questions, then the safeguard that was put in place is useless since the only people that are going to conceivably answer the questions will be people will no ill intentions. However, I recognize that as the law stands right now, if the person is not free to walk away at any time then they are being detained, and without reasonably suspicion the detention would be unconstitutional. I also don't think that refusing to answer questions, without more, is per se reasonable suspicion that would allow for a terry stop.

As I have repeated, me not having a problem with cops questioning and IDing people walking around cities with AR 15s is not the same as me thinking that detaining the person would be constitutional.