Second in a series.
Re: “Bixby Visits Supreme Court Ruling on Stops”
While civil libertarians unanimously are horrified by the Supreme Court’s ruling this week that law enforcement does not need cause to stop a citizen, Police Chief Scott Bixby says “a very fine line” has been drawn by the justices.
“There are three different ways you can talk to people,” said the chief.
- “A consensual encounter. This means you can pull up next to somebody and say ‘Can I talk to you?’ They can say ‘Go pound sand,’ and there is nothing you can do. They walk away.
- “There is reasonable suspicion. You can detain somebody because you have reasonable suspicion.
- “Then there is probable cause, the next level up. This means you have enough information to actually make an arrest, whether or not a felony actually occurred.”
In the Utah case that led to the 5-3 Supreme Court verdict, it appears there was no overt reason to stop the man. But while the man suspected of nothing was shifting from foot to foot, an outstanding warrant was found. He was taken to jail.
After digesting the story, Mr. Bixby “was having a hard time understanding where that fine line is. If the stop was unreasonable, or in (the plaintiffs’) opinion unlawful, I would think anything (found) after that, you could not use.”
How does this case, or the new slant from the Court, affect Culver City?
“I don’t want my people stopping anybody unless they have a lawful reason to stop them,” Mr. Bixby said.
(To be continued)
