Where should I live in California??

County police in California conducted a "Terry stop" while I was walking on a public sidewalk of a street at 2am in a moderate-high income low crime neighborhood, where I live. What are my options for the next encounter?

• I was walking toward my house on a public sidewalk on a street lit by streetlights wearing clothing that would not suggest I am a transient, wearing a bright red backpack with reflective features, and carrying a potted flower and a couple of bicycle tires with reflective sidewalls. I did not consume alcohol in preceding 8 hours. I live in the neighborhood and like to shop for groceries by foot after midnight at local 24-hr stores located less than 1.2 miles from my house. There is a train station less than 3 miles away where trains arrive as late as 1:15am. A County Sheriff's Office police vehicle passed me, made a u-turn, pulled behind me, and illuminated me with his spotlight and activated static red/blue lights with an amber traffic advisor. The lights never flashed even once. I ignored the spotlight for less than 15 seconds and continued walking. I was at least a block away from entrance to any subdivision. The deputy Sheriff demanded that I identify myself. I requested that he explain the probable cause due to which I was being detained. I stated that I do not consent to search and that I will not interfere in any way should the officer decide to search me anyway and asked if I was under arrest. I asked if I was free to go and was told no. My background is clear of wants and warrants, so I have nothing to fear in case of such stops. I would likely not have been stopped if I were on a bike, but that's speculation. I would definitely not have been stopped in my car. Until now, I believed that California law allegedly states that I must provide ID when requested by police, but that may not be accurate. I want to avoid even the possibility of being asked that question. This is not my first encounter of this kind, although previous encounters were with officers who did not activate lights on me. As I understand it, I can ignore "voluntary attempts to initiate contact" but I cannot ignore a "terry stop" where lights are triggered. I responded to previous encounters with "have a nice day, deputies" without interrupting my walk. I would ordinarily not be subject to racial or demographic profiling. I asked the officer if I am in fact being given a "lawful order" to produce identification, which he confirmed, and handed him my ID. I believed at the time that California has a "stop and identify" law that mandates this, but it may not be the case. A wants and warrants check was performed by radio, as expected, which cleared me. Here is what annoyed me enough to ask this question: [... skip conversation about where I live and why I am in the area... ] Me: "Why am I being detained?" Deputy: "You are walking in the neighborhood at 2am, which makes me suspicious. Why do you not want to talk with the police?" Me: "I like to shop after 2am at a local 24-hour store and, as you now know, I live nearby. I also take transit instead of driving and transit still operates at this hour. I do not believe you have probable cause and I do not believe this meets the threshold of reasonable suspicion either." Deputy:"You can expect more stops in the future if you continue doing this." This is written by the District Attorney for that county. http://le.alcoda.org/publications/point_of_view/files/Hiibel.pdf DISCUSSION It is settled that officers who lack grounds to detain or arrest a suspect have no legal right to demand that the suspect identify himself. Thus, his refusal to identify himself is not a crime. Although some state statutes (mainly old vagrancy statutes) required all people to identify themselves upon request, they have been declared unconstitutional. This might be more details than necessary, but to generalize for the rest of Quora: Pedestrian walking on a sidewalk lit by streetlights at 2am not in immediate vicinity of a residential property but in the direction of two subdivisions less than a mile away. Not dressed in dark clothing Pedestrian's behavior and appearance is consistent with distance to transit station that operates at that time Nothing suggests a crime is about to be committed. A stop would not have been affected during the day with identical circumstances. I want to shop on foot (it clears my head, I get exercise, and I don't burn fuel) after midnight without being stopped by the police and to end such encounters without the officer checking my identity. 1. Can I ignore voluntary conversation without being illuminated? This suggests that I can: http://le.alcoda.org/publications/files/CONTACTS.pdf 2. Can I ignore being lit up with police lights that are not flashing or is that unquestionably a detention? 3. How can I assert my rights during an unlawful stop as a US citizen without being arrested? What are the exact consequences of this arrest? 4. Is there a current "stop and identify" law in California that has not been invalidated by the Kolender case? 5. What can I do about an unlawful detention to this police department through paperwork to make this practice less preferred to be applied? I don't want this question linked to my public Quora identity, hence Anon, but I am very active on Quora. I am thinking of carrying printed copies of the documents I cited with me. What else am I not aware of?

• Answer:

  The police do not require probable cause to conduct a Terry stop. All that is required is "reasonable suspicion," also called "articulable suspicion," which is a lower threshold.   Reasonable or articulable suspicion is that which the officer can articulate or explain. It can't be mere suspicion. There have to be some elements the officer can explain.   In the same situation, I probably would have stopped you, too. My articulable suspicion: Walking alone at a late hour, in an area where this activity is uncommon. Carrying bike tires and a potted flower. These could have been stolen. Why would anyone steal a potted flower? Some people will steal anything. You weren't familiar to me, e.g. someone I knew engaged in this activity regularly. You aren't required to produce identification in California or any other state on a Terry stop (assuming you're not driving a car or engaging in other activity that requires presentation of a license or other identification). You are required to truthfully state your name, if asked. Other information is optional on your part.   I should point out that most people will present identification to the police when asked, and most police officers are suspicious of people who depart from this practice. You have a right to refuse to present your identification, of course, but doing something (or not doing something) just because you have a right to do it or not do it is not always a swell idea. If you want to engage in a war of wills with the police, you're welcome to do so, but you may find yourself inconvenienced as a result.   If you continue this practice, I expect you will be stopped several times more until the patrol deputies get the word about who you are and what you're up to. After that, they will probably leave you alone--at least until the rotation changes and a new deputy is assigned to the area.   To respond to your specific questions:   Can I ignore voluntary conversation without being illuminated?   Probably not. You have a right to ignore the deputy until he orders you to stop, but he has a right to light you up, too.   Can I ignore being lit up with police lights that are not flashing or is that unquestionably a detention? As I said, you can probably ignore the lights until you're ordered to stop. Keep in mind this is a departure from what most people do, and what most people do is a valid consideration for what amounts to suspicious behavior.   How can I assert my rights during an unlawful stop as a US citizen without being arrested? What are the exact consequences of this arrest? So far, you haven't mentioned anything about this stop that I see as being unlawful. Police officers are supposed to investigate suspcious behavior, and suspicious behavior is, most of the time, something unusual. It doesn't have to be anything that is outwardly unlawful. The facts in Terry v. Ohio (from where the label "Terry stop" originates) concerned three men loitering on a street corner, wearing long coats on a warm day, and occasionally looking into the window of a business. None of these things were unlawful, but the detective who was watching them suspected they were casing the business for a robbery, and were hiding firearms under the coats. He stopped them and frisked them, and recovered the guns.   The SCOTUS noted in the opinion that police officers, by nature and training, perceive things that are invisible to the common private citizen, and they should be able to act on these observations when they represent what they perceive to be suspicious behavior.   Is there a current "stop and identify" law in California that has not been invalidated by the Kolender case? No. Current law requires you to truthfully state your name, if asked. You may decline to answer other questions. Giving a false name is a separate criminal offense in many states (I'm not sure about California). "Kolender," by the way, was the chief of police in San Diego at the time of the decision. Edward Lawson was stopped and arrested by San Diego police officers because he was a black man who liked to take long walks through mostly white neighborhoods, and didn't carry any identification. A California "failure to identify" law was ruled unconstitutional by this case.   What can I do about an unlawful detention to this police department through paperwork to make this practice less preferred to be applied?   You haven't described anything I see as unlawful, although I'm sure not everyone would agree. You can always make a complaint to the agency that employs the officer/deputy. Whoever you speak to may be able to make some suggestions that I haven't thought of.   My impression is that the deputy is simply trying to be proactive and seek out suspicious behavior that may or may not be criminogenic. This is what the police are supposed to do. Not every stop or encounter results in an arrest or the discovery of a crime, or is supposed to. Once the local cops get to know you and your habits as part of the landscape, they'll probably leave you alone. If you endeavor to make trouble for them and actively resist their efforts, it's human nature that they will be inclined to push back. This answer is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. Seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire. Quora users who provide responses to legal questions are intended third party beneficiaries with certain rights under Quora’s Terms of Service.