Suspicious Activity: Is that a Felony or Misdemeanor?

just being polite to the police would save a lot of people from legal trouble.

Capt Gregory Prickett - I never thought I'd see an attorney advocating that anyone represent themselves, especially when they haven't even made it to the courtroom. Cpl Joshua Caldwell gave some very good insight and advice to what "justice" looks like on the street, especially in these days when law enforcement officers have good reason to be nervous. (They are being ambushed with frightening regularity under the resentful glare of public opinion that deems that they deserve it) As Joshua says, act like an adult and facilitate the officer's work, don't impede it with childish arguments and resistance. Help him move on and capture the real culprit. If he oversteps the bounds of his authority, there will be ample opportunity to clear that up and, who knows, you might even win the law suit lottery if they are they incompetent.

I retired from law enforcement in 2012 but I still have a lot of friends who are cops, and they tell me that they (depending on where they work) are afraid to do their job because the politicians have turned on them and the populace is filled with hatred for the cops, it is not a good thing. I hope it changes very quickly. It is bad enough that I slow down when I see the police, to look and see if the officer is in danger. Does he need my help?

CPT Jack Durish - I'm not advocating that they represent themselves. They have to positively exercise the right to remain silent and not answer any questions, or their rights are not protected. They have to inform the police that they are not going to consent to a search, or to being detained. A lawyer won't be there to do that for them on the street.

Second, insisting that an officer abide by the Constitution is not childish, it is responsible. People that don't stand up for their rights lose them, and police officers are not the people who will defend those rights for you.

Most lawyers will tell you that once an officer has overstepped, the citizen has an almost impossible task in front of him. The officer gets qualified immunity, so unless it is a crystal clear violation, the citizen gets hosed.

Capt Gregory Prickett - There's a time and a place for everything.

CPT Jack Durish - yes, and the initial time is at the scene of the police contact.

Correct me if I'm wrong, but isn't the line between misdemeanor and felony a matter of the sentence for a given crime? Misdemeanor if the given sentence is less than one year in jail, a felony for a crime that carries a penalty of 1 year or more. Or does that vary by State?

And neither matter in the instance of a police officer stopping you. The difference comes in when a citizen's arrest is allowed, which is only for felony situations. May also vary by State, but that is what I was taught when I took a part-time gig as a security officer at an office park here in Virginia.

LTC Stephen B. - Which came first, the chicken or the egg? Well, felonies generally incur greater punishment than misdemeanors, but the punishment does not define the crime. It is the consequence of the crime.