luv_jeeps
Campaign Veteran
I have been doing a bit more reading on Mitchie lately, and was just brushing up on CRS 16-3-103.
Although the law seems very clear on the surface:
There are a LOT of annotations listed where the Courts have said it's ok to make stops and ask.
Here's a couple.....
And for full disclosure, there are also some that state more of the opposite, where it's NOT ok to do this, or the definition is more clearly spelled out.
As I more frequently (especially as the weather warms) find myself OC, I'd be interested in what everyone's thoughts are. I understand that the law is spelled out pretty clear, but......
Although the law seems very clear on the surface:
16-3-103. Stopping of suspect.
(1) A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him to give his name and address, identification if available, and an explanation of his actions. A peace officer shall not require any person who is stopped pursuant to this section to produce or divulge such person's social security number. The stopping shall not constitute an arrest.
(2) When a peace officer has stopped a person for questioning pursuant to this section and reasonably suspects that his personal safety requires it, he may conduct a pat-down search of that person for weapons.
There are a LOT of annotations listed where the Courts have said it's ok to make stops and ask.
Here's a couple.....
Limited, temporary detention permissible though no probable cause to arrest exists. A police officer may in appropriate circumstances and in an appropriate manner approach a person for purposes of investigation of possible criminal behavior even though there is no probable cause for arrest. People v. Lucero, 182 Colo. 39, 511 P.2d 468 (1973); People v. Martineau, 185 Colo. 194, 523 P.2d 126 (1974).
In certain circumstances a police officer having less than probable cause to arrest may stop an individual for identification purposes and not violate the fourth amendment prohibition against unreasonable search and seizure. People v. Mascarenas, 726 P.2d 644 (Colo. 1986).
Police officers may make a limited stop on less than probable cause. People v. Montoya, 185 Colo. 299, 524 P.2d 76 (1974).
And for full disclosure, there are also some that state more of the opposite, where it's NOT ok to do this, or the definition is more clearly spelled out.
An investigatory stop implicates a seizure that is based on less than probable cause and so it must be brief in duration, limited in scope, and narrow in purpose. People v. Tottenhoff, 691 P.2d 340 (Colo. 1984); Outlaw v. People, 17 P.3d 150 (Colo. 2001).
As I more frequently (especially as the weather warms) find myself OC, I'd be interested in what everyone's thoughts are. I understand that the law is spelled out pretty clear, but......