# Am I being detained? Am I free to go? **URL:** \ **Category:** Factual Questions\ **Created:** [September 4, 2013, 3:34pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998 "2013-09-04T15:34:30Z")\ **Posts on this page:** 20\ **Page:** 6
**Author:** ![FXMastermind](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fxmastermind/32/7289_2.png) [@FXMastermind](https://boards.straightdope.com/u/FXMastermind)\ **Post date:** [September 5, 2013, 8:30pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/101 "2013-09-05T20:30:43Z")
> [@Lemur866](#): > > Why is it legal for a cop to ask any person any question? Because there isn’t a law against it. Nonsense. Criminal threatening (or threatening behavior) is the crime of intentionally or knowingly putting another person in fear of imminent bodily injury. A cop asking questions that create fear of harm is illegal. If a cop does this, **while not in the course of a lawful investigation** , our hypothetical situation of just asking somebody on the street questions, it’s a serious crime. It’s also very repulsive. “You want me to take you downtown?” How would you like to spend the night in jail? You think those perverts in there are going to like your sweet ass? What if I jam this night stick up your ass? You think you will like that? Huh? Huh? You think I won’t?" That is actually a nice example. The sexual ones I don’t even want to type out. Now start weaseling out of the issue. I clearly stated there are questions that are illegal for a police officer to ask. Oh sure you can also weasel by saying those would be illegal for anyone else. Not true. ---
**Author:** ![Sigene](https://avatars.discourse-cdn.com/v4/letter/s/df788c/32.png) [@Sigene](https://boards.straightdope.com/u/Sigene)\ **Post date:** [September 5, 2013, 8:40pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/102 "2013-09-05T20:40:58Z")
> [@Loach](#): > > The best you can come up with is a work place harassment lawsuit? Do we really have to explain the difference between a tort and a crime? Or to point out that sexual harassment of a coworker has nothing to do with what you are claiming? The best way to solve this debate: Loach, just go ahead and ask fx mastermind the hypothesized questions. We’ll wait to see if you get in legal trouble. If you do, he’s right. If you don’t, you are right. My money’s on you. ---
**Author:** ![Lemur866](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lemur866/32/434_2.png) [@Lemur866](https://boards.straightdope.com/u/Lemur866)\ **Post date:** [September 5, 2013, 8:50pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/103 "2013-09-05T20:50:56Z")
But those aren’t “questions”, those are threats. And yeah, if I walked up to a random person and asked, “You want me to jam this nightstick up your ass? You think you’ll like that?”, I am breaking the law, even though I’m not a cop. I’m clearly threatening them. It is against the law to threaten people, even when you make your threats Jeopardy style, in the form of a question. If I were at a sex club and asked the same question to a guy in leather chaps–they’re assless leather chaps because all chaps are assless, that’s what makes them chaps and not pants–then those questions wouldn’t be threatening. It doesn’t matter if a cop asks these questions that are really threats, or if you do, or if I do. They’re equally assault. Various jurisdictions may give a different name to the crime, or define it slightly differently, but every jurisdiction in the United States has some close variation of this law. To give you an idea of why this is illegal, let me point you here: > **[assault](https://legal-dictionary.thefreedictionary.com/assault)** > > Definition of assault in the Legal Dictionary by The Free Dictionary > [@](#): > > \*\*Assault \*\* > At Common Law, an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact. > > An assault is carried out by a threat of bodily harm coupled with an apparent, present ability to cause the harm. It is both a crime and a tort and, therefore, may result in either criminal or civil liability. Generally, the common law definition is the same in criminal and Tort Law. There is, however, an additional Criminal Law category of assault consisting of an attempted but unsuccessful Battery. > > Statutory definitions of assault in the various jurisdictions throughout the United States are not substantially different from the common-law definition. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [September 5, 2013, 8:51pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/104 "2013-09-05T20:51:49Z")
> [@Sigene](#): > > The best way to solve this debate: > > Loach, just go ahead and ask fx mastermind the hypothesized questions. We’ll wait to see if you get in legal trouble. > > If you do, he’s right. If you don’t, you are right. > My money’s on you. I don’t think we are supposed to bet except in GD. And then only once. Or something. I lost interest in that thread. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [September 5, 2013, 9:00pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/105 "2013-09-05T21:00:02Z")
> [@FXMastermind](#): > > Nonsense. > > Criminal threatening (or threatening behavior) is the crime of intentionally or knowingly putting another person in fear of imminent bodily injury. A cop asking questions that create fear of harm is illegal. If a cop does this, **while not in the course of a lawful investigation** , our hypothetical situation of just asking somebody on the street questions, it’s a serious crime. It’s also very repulsive. > > “You want me to take you downtown?” How would you like to spend the night in jail? You think those perverts in there are going to like your sweet ass? What if I jam this night stick up your ass? You think you will like that? Huh? Huh? You think I won’t?" > > That is actually a nice example. The sexual ones I don’t even want to type out. > > Now start weaseling out of the issue. I clearly stated there are questions that are illegal for a police officer to ask. > > Oh sure you can also weasel by saying those would be illegal for anyone else. Not true. Now you are getting the idea. It can’t just be questions. It has to rise to the level of threats or harassment for it to be illegal. See those are actual crimes you can look up. Find me something else if you can. There are 50 states and I don’t know the laws in each one. So I’ll give you the benefit of the doubt. I’m sure you will be able to find a cite from somewhere. ---
**Author:** ![Lemur866](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lemur866/32/434_2.png) [@Lemur866](https://boards.straightdope.com/u/Lemur866)\ **Post date:** [September 5, 2013, 9:34pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/106 "2013-09-05T21:34:28Z")
> [@FXMastermind](#): > > A cop asking questions that create fear of harm is illegal. If a cop does this, **while not in the course of a lawful investigation** , our hypothetical situation of just asking somebody on the street questions, it’s a serious crime. Also note that a cop threatening someone with harm, even in the course of a lawful investigation, is also illegal. Note that “Drop the gun or I’ll shoot,” doesn’t count as a threat. If you’re waving around a gun and a cop has the legal right to use deadly force against you to stop the threat, then he’s not threatening you, he’s giving you a chance to save yourself from deadly force by complying. If a cop doesn’t have the legal right to use deadly force against you, then yes, threatening to shoot you in that case would be assault, and would be, you know, illegal, since assault is illegal even when a cop does it. Even if he phrased his threat to shoot you in the form of a question. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [September 5, 2013, 11:48pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/107 "2013-09-05T23:48:17Z")
> [@FXMastermind](#): > > Nonsense. > > Criminal threatening (or threatening behavior) is the crime of intentionally or knowingly putting another person in fear of imminent bodily injury. A cop asking questions that create fear of harm is illegal. If a cop does this, **while not in the course of a lawful investigation** , our hypothetical situation of just asking somebody on the street questions, it’s a serious crime. It’s also very repulsive. > > “You want me to take you downtown?” How would you like to spend the night in jail? You think those perverts in there are going to like your sweet ass? What if I jam this night stick up your ass? You think you will like that? Huh? Huh? You think I won’t?" Absolutely correct. If a cop were to accost someone and ask them those questions, it would be an example of an illegal act, But – in that circumstance, remember what I said: > [@Bricker](#): > > **As long as the person is free to disregard those inquiries and go about his business** , I’m not aware of any state that would criminalize that encounter. In that circumstance, a reasonable person would NOT feel free to disregard the officer and go about his business. That’s why the caveat is there. An officer seizes someone, and ends a consensual encounter, when he uses acts or words or both to indicate that the person is not free to leave. Remember that line? **As long as the person is free to disregard those inquiries and go about his business** … ---
**Author:** ![Gary\_Robson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gary_robson/32/3448_2.png) [@Gary\_Robson](https://boards.straightdope.com/u/Gary_Robson)\ **Post date:** [September 5, 2013, 11:56pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/108 "2013-09-05T23:56:19Z")
[moderator note] **FXMastermind** , if you wish to debate about what questions police can legally ask, please feel free to start a Great Debates thread about it. This, however, is General Questions, and the subject is the questions “Am I being detained?” and “Am I free to go?” Everyone else that’s participating in this massive sidetrack is welcome to join **FXMastermind** in a GD thread or start one of your own, but don’t keep it going here. [/moderator note] ---
**Author:** ![GusNSpot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gusnspot/32/436_2.png) [@GusNSpot](https://boards.straightdope.com/u/GusNSpot)\ **Post date:** [September 6, 2013, 5:19am UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/109 "2013-09-06T05:19:57Z")
I am trying to classify the moderators post. Threat? Strong suggestion? Warning? Warning to beware of his next post? A simple explanation of the local laws? Trying to shift the work to C Dex? Simple reminder of where the thread is located? So many question. I be cornfussed… 😕 ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [September 6, 2013, 1:47pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/110 "2013-09-06T13:47:04Z")
> [@FXMastermind](#): > > [http://www.clarktowne.com/atlanta-dui-blog/199-cop-arrested-you-for-not-providing-id](http://www.clarktowne.com/atlanta-dui-blog/199-cop-arrested-you-for-not-providing-id) BROWN dealt with a NON suspicion seizure. Hiibel cites Brown and clarifies the Constitutional distinction. Also, in State v. Robinette 1, which the SC decided and remanded (Ohio v. Robinette), they ruled the 4th M does not require an officer tell a detainee they are “free to go” before dismissing them. Robinette 1, also cites Royer; In Florida v. Royer (1983), 460 U.S. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229, the Supreme Court held that the minimal intrusion of simple questioning of a person not in custody does not constitute a “seizure” requiring Fourth Amendment protection. Specifically, the court in Royer stated: “[L]aw enforcement officers do not violate the Fourth Amendment by merely approaching an individual on the street or in another public place, by asking him if he is willing to answer some questions, by putting questions to him if the person is willing to listen, or by offering in evidence in a criminal prosecution his voluntary answers to such questions.” Id. at 497-498, 103 S.Ct. at 1324, 75 L.Ed.2d at 236. “The person approached, however, need not answer any question put to him; indeed, he may decline to listen to the questions at all and may go on his way. He may not be detained even momentarily without reasonable, objective grounds for doing so; and his refusal to listen or answer does not, without more, furnish those grounds.” (Citations omitted.) Id. at 497-498, 103 S.Ct. at 1324, 75 L.Ed.2d at 236. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [September 6, 2013, 2:22pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/111 "2013-09-06T14:22:37Z")
> [@Little\_Nemo](#): > > The legal distinction is that the police can stop and ask anyone questions in a general way just like you could stop and ask somebody questions. > > The police also have the power to detain people - the person being asked questions legally has to stay. Obviously, a civilian doesn’t have this power. But it’s not a universal power - the police officer has to have a reason why he’s detaining somebody. > > So when you ask a police officer “Am I being detained?” or “Am I free to go?” or “Can I leave now?” you’re basically forcing him to make a decision about whether or not he has sufficient grounds to detain you. If he says no, you can walk away. If he says yes, you have to stay but you now have grounds to sue the police department if you can establish he did not have sufficient grounds to detain you. > [@muldoonthief](#): > > But outside a very few limited situations, a civilian doesn’t have the right to “stop” anyone in the USA. If I’m walking along, and someone _asks_ me to stop and answer a few questions, I have no legal, ethical, moral, or social obligation to stop. If they wish to walk with me and ask questions, I have no legal, ethical, moral, or social obligation to respond, or even to acknowledge their existence. If they attempt to stop me by physical contact, they’ve committed assault. Is all that true for a police officer? That was my point. Sorry if I wasn’t clear. If a police officer just wants to have a conversation with you, you’re not required to stop and talk with him. But if a police officer tells you he wants to talk to you, then you have to stop and wait. So asking him if you’re free to go clears up whether he’s asking you or he’s telling you to stop and talk. ---
**Author:** ![FXMastermind](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fxmastermind/32/7289_2.png) [@FXMastermind](https://boards.straightdope.com/u/FXMastermind)\ **Post date:** [September 6, 2013, 2:33pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/112 "2013-09-06T14:33:57Z")
It’s sort of like the difference between me telling you to stop being off topic, and a Mod telling you. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [September 6, 2013, 2:42pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/113 "2013-09-06T14:42:11Z")
No, it’s more like anybody being able to post to a thread. It isn’t illegal for posters, and also not illegal for mods. Same for civilians and cops - civilians can ask questions when they want to, and cops can do the same. Not illegal for either. No one can be forced to post to a thread. No one can be forced to answer questions from a cop. See how it works? What you said earlier about it being illegal is wrong. Regards, Shodan ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [September 6, 2013, 2:45pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/114 "2013-09-06T14:45:48Z")
> [@Shodan](#): > > No one can be forced to post to a thread. No one can be forced to answer questions from a cop. No, not under the 8th, as they say, but refusal under Hiibel or any law of similar import/catchphrase, may get you arrested. ---
**Author:** ![FXMastermind](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fxmastermind/32/7289_2.png) [@FXMastermind](https://boards.straightdope.com/u/FXMastermind)\ **Post date:** [September 6, 2013, 2:54pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/115 "2013-09-06T14:54:26Z")
The question is about being “free to go”, in regards to the police. If a Mod tells you to stop (restrains your actions) it is completely different than if a regular poster says it. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [September 6, 2013, 2:57pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/116 "2013-09-06T14:57:59Z")
A citizen may feel more compelled to answer a police officer’s question than that of an ordinary citizen, but he is under no more legal obligation to do so. That’s the point. ---
**Author:** ![FXMastermind](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fxmastermind/32/7289_2.png) [@FXMastermind](https://boards.straightdope.com/u/FXMastermind)\ **Post date:** [September 6, 2013, 3:03pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/117 "2013-09-06T15:03:58Z")
No, this thread is about being “free to go”, not questions. ---
**Author:** ![FXMastermind](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fxmastermind/32/7289_2.png) [@FXMastermind](https://boards.straightdope.com/u/FXMastermind)\ **Post date:** [September 6, 2013, 3:06pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/118 "2013-09-06T15:06:05Z")
In a situation where an officer detains somebody, legally, like as a witness at a crime scene or accident, asking “Am I free to go?”, or “Am I under arrest” is sort of a dick move. It forces an ordinary situation into a hostile interaction. It can actually be considered a crime, depending on the cop. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [September 6, 2013, 3:11pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/119 "2013-09-06T15:11:30Z")
Please stop making things up in GQ. You have made that claim numerous times and failed to support it at all. ---
**Author:** ![Gary\_Robson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gary_robson/32/3448_2.png) [@Gary\_Robson](https://boards.straightdope.com/u/Gary_Robson)\ **Post date:** [September 6, 2013, 3:11pm UTC](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998/120 "2013-09-06T15:11:37Z")
> [@GusNSpot](#): > > I am trying to classify the moderators post. > > Threat? > Strong suggestion? > Warning? > Warning to beware of his next post? > A simple explanation of the local laws? > Trying to shift the work to C Dex? > Simple reminder of where the thread is located? > > So many question. > > I be cornfussed… 😕 It’s very straightforward. It means (a) this is not Great Debates, and (b) this thread is about being detained, not about what questions someone is legally allowed to ask. The requested action is to put this thread back on its rails, and if you wish to continue the side discussion, take it to an appropriate thread in an appropriate forum. [Previous page](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998.md?page=5) [Next page](https://boards.straightdope.com/t/am-i-being-detained-am-i-free-to-go/667998.md?page=7)