In the wake of a judge ruling that the NYPD’s aggressive “stop and frisk” tactics violate the constitution, three Delaware plaintiffs sued in federal court over Delaware’s law allowing police to stop, frisk and then detain individuals for up to two hours based on mere suspicion. Sean O’Sullivan’s news journal article was in today’s News Journal or you can find it at Sean’s twitter: @seangosullivan
Delaware has a very unique law called the 2 hour detention law. If a police officer has “reasonable articulable suspicion” that the person has committed, is committing, or is about to commit a crime, the officer can take the person into custody for up to two hours. Then the officer has to either arrest him or let him go.
This law clearly goes against the constitutional requirement for probable cause to arrest someone. Reasonable articulable suspicion is a much lower standard than probable cause.
It will be interesting to see how the lawsuit plays out, but in the meantime, remember two things: (1) if apprehended, cooperate with the police, so you do not end up with resisting arrest or other charges; and (2) NEVER give a statement to a police officer unless there is a lawyer sitting next to you. You have the absolute right to remain silent and to have the presence of counsel during any statement. Do not give up that right because you are angry, scared, nervous, or any other reason.
If there comes a time in a case when it is in your best interest to make a statement, it should be on the advice of your attorney.
Please contact Collins & Associates if you have any questions.