4. A Police Officer Told Me That If I Didn’t Answer the Officer’s Questions I’d Be Arrested for Loitering. Is That Legal?
In certain circumstances, it may be. Laws in effect in many states generally define loitering as “wandering about from place to place without apparent business, such that the person poses a threat to public safety.” Under these laws, if a police officer sees a person loitering, the officer can demand identification and an explanation of the person’s activities. If the person fails to comply, the officer can arrest the person for loitering. Therefore, the refusal to answer questions is only a problem if the officer has also observed the person to be loitering.
Case Example: Officer Icia Yu is dispatched to Upscale Meadows after a resident calls the police to complain that a woman has been walking back and forth along the streets for over an hour, with no apparent purpose. From a distance, the officer observes the woman for a few minutes, and sees her stopping occasionally to peer into residents’ back yards. Believing that she may be planning a burglary, Officer Yu confronts the woman, asks for identification and asks her to explain what she is doing in the neighborhood. The woman refuses to respond.
Question: Can Officer Yu arrest her?
Answer: Under loitering laws in effect in many states, yes. Officer Yu had reasonable grounds to believe that the woman posed a danger to the community. Since she didn’t identify herself or explain why she was in the neighborhood, the officer could arrest her. Had the woman responded to Officer Yu, the officer might not arrest her for loitering. However, she might be subject to arrest for a different offense, such as trespass （unlawful entry on someone else’s property）.
本节常用法律术语:
1、loitering v.闲荡, 虚度, 徘徊
2、in effect 生效
3、 identification 身份证
4、dispatch 派遣
5、burglary 入室行窃
6、 trespass 侵入，侵害：用明显或隐蔽的武力或暴力对人、财产或他人的权利实施非法伤害，尤指错误地侵入另一个人的土地