This is also where I sit on this issue. With anyone besides a LEO a question is just that. With a LEO, however, it is more often than not just being polite and not really just a question. Most of the time, though, the reason for the contact will make it more obvious as to whether or not it is just a question or a polite demand.Winchster wrote:1.) I understand officers have a first amendment right to ask me anything they so choose, I also have the right to not answer when asked, but I don't have the right to refuse the demand. See how neatly this plays? As to your condescending dismissal regarding my understanding of ask vs demand. I fully understand the difference, however, when someone in a position of authority asks, they are merely being polite, considering they have the authority to demand.
The biggest problem, as I see it with OC, is that even if I'm walking minding my own business and haven't done anything else I can't control or know what the caller said to 911 that prompted the contact with a LEO. Even though the officer didn't witness any illegal behavior if the caller said I was waving it around or threatened them that's all the officer has to go on when they approach me.