Monday, April 12, 2010

The Suspicious Person - A Police Officer's Way to Stop YOU!

But what exactly is "suspicious" an officer?

As a Texas peace officer, I have heard many classmates stop "suspicious vehicle" and "suspects" on several occasions. I also heard our shipping dissemination of calls from citizens about "suspicious" activities in their neighborhood. That said, as I personally Austin criminal defense "has never engaged in one of these" suspects is no longer, I think is reasonable well. This canbe more of a personal faith than anything else, because I know that officials are authorized by law "and suspect vehicle stops, and I also know that making the officers, as Any others can also" stop talking " a person ... and that person can simply ignore the officer and feet. But, I must be something about that, you can "suspect" and compiled the list, but in general everything seems a bit 'out of the ordinary for a given site at a particular time of day may indicate a thought criminalactivity. This first list is what I would consider "obvious suspicious" activities and I have no problem in stopping these sorts of people:


A stranger entering your neighbor's home or property when the neighbor is not home.
Screaming or shouting may signal a fight, robbery, rape, etc.
Offers of merchandise at ridiculously low prices could mean stolen property.
Person removing car parts, license plates, or gasoline are considered suspicious.
A person looking into parked A car trying to steal a car or valuables visible inside the left.
People entering or leaving a business after hours may be burglars.
The sound of braking glass or other loud noises could mean an explosives accident, theft or vandalism.
Housing people loitering around schools, parks, secluded areas or in the neighborhood could be sex offenders' is "for crimes, or can act as a lookout.
People in the neighborhood who do not live thereBurglar could.
People who claim to be representatives of public utilities (gas, telephone, water, electricity, cable), but not in uniform or any identifying company May Be thieves.
Anyone tampering or forcing entry into a building or vehicle.
Open or broken windows and doors of a house or business.
Gunfire, screams, the sounds of battle, hunting for other people on foot or by car, dogs barking unusual - foul suspicion, danger, disturbancepeace, or criminal activity.
Any vehicle without lights at night, cruising slowly, or following a course that seems aimless or repetitive is suspicious in any location, but particularly so in areas of schools, parks, and playgrounds.
Apparent business transactions conducted from a vehicle, especially around schools or parks and if juveniles are involved.
Persons being forced into vehicles.
A person exhibiting unusual mental or physical behavior may be injured, under the influence drugs and / or alcohol, or who needs psychiatric help.

These are the less-than-hand "suspicious activity":

Not every stranger who comes near you is a criminal and may be a perfectly legitimate reason for their activities. You've never seen a new type of car and wanted to check the inside, so you looked through a window past a walk? Or you're on a walk, tired and stopped at a rest stop notintending to take the bus. The following are some situations you might see and what they might mean, but do they rise to the level of "suspicious" that officers should be involved?


A person loitering in front of a home or business if the residents are away or if the business is closed.
A person who is running and does not appear to be exercising, especially if carrying property.
A person carrying property at an unusual hour, in an unusual place, if the person appears to be tried to conceal the property, or if the property is not wrapped as if they just bought.
Heavy traffic to and from a particular room may indicate drug activity or a "fence" operation (buying and selling of stolen goods), if it occurs regularly.
In the course of vehicle "repair" in relation to a non-place.
Parked, occupied vehicles are impressive, especially when seen in odd times.
The abandoned vehicle parked on the unusualblock.

While some, if not all, of the suspicious circumstances described above could have logical and legitimate explanations, officers will state that they would rather investigate a potential criminal situation and find nothing than be called after it is already too late and someone has been victimized. While this is a noble goal, it is critical that officers remember that this is a free society and that what may be unusual to one may not be out of the ordinary for someone else.

The first list set out above is one that even I, as an Austin Criminal Defense Attorney will agree with and do not question an investigation by police officers. However, while I was a uniformed officer myself, I questioned the stops made by other officers from this second list and sometimes felt disturbed that citizens would call to report activities like these.

I want to address each of these in the order listed to explain my position and reasoning. As to the person Loitering in front of a closed shop or a house if the occupants are absent, the first question I have: "Where is the person?" If the person "suspected on the sidewalk, this is not a public space where everyone has the right at all times? However, if the person or peek in the windows shook the door, then it is contained in the first list. However, to further complicate the question. If the person is on the lawn, is that suspicious? I think a stronger case is thatbecause of internal peace could now be included, but if the landscape is part of a public car park, however, does not change the facts and make them less suspicion?

The second is on the list, obviously, not performed during exercise (especially if the performance of the property). What is "obviously not exercise?" Maybe the runners can not afford the latest sports equipment and is something many of us do not consume. But this does not suspect him. Well, to emphasize the possession ... WhatProperty type? Most people run with an iPod, cell phones or correct any personal device? If the current investigation? I admit that if someone on the street running, with a DVD player - which is a bit 'suspicious and out of place, but honestly, I did not like the almost three years ago that happened, I worked as an officer.

The third element of the list is a collection of some "suspicious" actions. Without too much detail, I think we all agree thatcommon sense is what is needed here. If we are looking at an item is being unwrapped, not everything purchased is "new" and not every purchase comes packaged in a wrapping. The most troublesome for me is what is the "unusual time or place?" If the person works different hours than most people, and is out doing something at night because that is his schedule, does that make it "unusual"?

The 4th point is relatively straight-forward. Yes, heavy foot traffic may constitute evidence of ongoing criminal activity, but depending on where you can not, for example, a house near a university campus or "sorority Row" ... doubtful. A house with young people to live in it, which is near the school or very active members of various social organizations, probably. Bottom line, do not try too nosy neighbors bodied employee who is always throwing stones at someone else and not your business .... will

The motor vehicle repair point bothers me a lot. Yesit may violate a Homeowner's Association rule, but that is not criminal. Chop shops are not going to be out in the open. They are going to be tucked away where only the people using them know about their location, and it is doubtful that a chop shop is going to front as a mechanics business in the middle of a neighborhood. Just because someone cannot afford a spot in a commercial district for a mechanics shop, does not mean they are engaging in illegal activity. If this really bothers you, consider a complaint against them discomfort, but require law enforcement is just tacky - officers are too busy to call as follows to run!

Finally, I combine the last two issues: parking, abandoned the vehicle and a parked vehicle occupied, which can be seen in "unusual" hours. Once again I want to concentrate on what is "unusual" ... but a question of common sense should be able to cover them. And if it is a problem for the people "parking" ... Please get a life. Or ifis offensive, why must you think of yourself as the "moral police" and get into their business?

Lastly, I appreciate what officers do, as I too worked in the field for almost three years. But now that I am an Austin Criminal Defense Attorney, I question some of the actions of other officers, and I did this when I was there... that is probably one of the reasons that I wanted to leave. After all, I think it much better for 100 guilty people to go free than one innocent be arrested/accused.

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