The problem with this tragic incident is not whether or not Zimmerman was justified per "Stand your ground" law, but that the encounter even took place. Look at the situation in this way, let's say that Zimmerman was an LEO. On what grounds does that LEO have to approach Martin to begin with? There must be probable cause to even question a person. Because someone looks suspicious does not give them authority to violate your rights.
Howdy Navy!
Let me step in and see if I can muddy the waters!
The rights to which you allude are rights of a citizen vs. government. The Bill of Rights stipulates limitations on government. It does not follow that a citizen asking questions of another citizen is infringing on their rights. As an agent of government, an LEO must uphold certain rights. As a private citizen, I do not.
Let me illustrate my point.
I am a bounty hunter. I am not an agent of the government. I am an agent of a private citizen who has made a contract to get a defendant out of jail. That defendant has somehow or another violated the terms of his bail agreement and is now subject to arrest and return to jail. So they hire me to go after them and fetch them back to custody. The defendant, in order to secure bail to get out of jail, will sign a legally binding agreement. In that legally binding agreement, he will give up certain rights. Among them are quite a few that an LEO MUST follow, but I am not bound to observe. I can go to his home. If the owns the dwelling, and refuses to answer, I can kick down his front door and go inside to arrest him. (Taylor v. Taintor) I can cross state lines to effect an arrest. I am not required to carry a warrant for his arrest, because technically, he has never been released from arrest by having his case adjudicated. I can also search his dwelling or his vehicle or his person without a warrant. I am not required to 'read him his rights', or Mirandize him. I am authorized by law to use an appropriate level of force to effect the arrest. Whatever force I am confronted with by a defendant, I am authorized to overcome with the same or slightly greater degree of force to take him into custody.
As a Process Server, I also am beyond the normal rule of law as affects others in our society. A process server is a private citizen who engages in the business of serving court papers on behalf of a client, typically an attorney or private citizen. Often those papers are subpeonas or summons and complaint. We can enter upon private property, despite the presence of a 'no tresspassing' sign or 'private property, keep out' notice posted on the grounds. We have the right to approach the front door and make that serve.
In both cases, questions are going to happen. A bounty hunter is going to interrogate other citizens to determine the location of his defendant in order to make an arrest. He doesn't need Reasonable Articulateable Suspicion of Probable Cause to question anybody or anybody in the course of his investigation. A process server can also question anybody necessary to obtain information to locate a missing defendant.
Both jobs I do will require me to ask questions. I'll question neighbors to determine when was the last time they saw my defendant. When does he tend to be around? Does he live in that dwelling? What sort of car does he drive? I will interrogate relatives, friends, employers, coworkers, supervisors, and most importantly of all... their co-signer. Bear in mind, through all that questioning of a wide array of fellow citizens, I am not a police officer but a private citizen engaged in lawful investigation. A private investigator enjoys many of the same protections to get things done that cops cannot.
A couple of days ago, I had a woman tell me that she didn't want me to come back, that her home is on private property, and if I returned she'd call the cops! I laughed out loud. "I absolutely encourage you to call the Arapahoe county sheriff's office and ask them to come out here. In fact, I'll let you use my cellular phone to accomplish that right now. Or even better, I can make that call for you and get them here quicker. As I am a process server attempting due dilligence to deliver court papers to your husband and he is evading receiving them, you'll discover that they'll back me up in my right to be here making this attempt. The right of the process server to deliver such papers trumps private property rights per Colorado Revised Statute, and I'd be happy to show you that specific statute. Now.... where is your husband or shall I call Arapahoe county out here to discuss things further?
She declined that particular offer. She was wise to do so.
Another woman quoted her 5th Amendment rights to me the next day. "I refuse to answer any of your questions on the grounds they may tend to incriminate me." Again, I had to laugh.
"Lady, I am not law enforcement or an agent of the government. I could care less about incriminating you or whether you answer questions or not. I'll get answers by conducting an investigation on the defendant, and everybody he knows... including you. Likely as not, I'll find out things that you really wish never got exposed. You might find that answering my questions is easier than having me discover evidence that will incriminate you more deeply than anything you might say! So where is this guy?"
She denied knowing his whereabouts, but also stopped trying to avoid questions considering I am not there to uphold her rights but to serve papers.
The point is.... Verbose as I may have been getting here,.... the Bill of Rights limits the powers of government over a citizen. The Bill of Rights does not affect a private citizen interaction with another private citizen. Then there is the subject of contracts. Ever see that line that says "I waive certain rights" in a contract? Ever see "Will be liable for any collection costs" in a contract? Ever take a job that has certain policies that affect your rights in one way or another? Freedom of movement, freedom to carry a firearm (even with a CCW), freedom of speech, freedom of assembly, etc, etc, etc?
The whole point is that I can ask anybody anything anytime. It is part of my freedom to talk to other people. They can refuse to answer. That's peachy neat too... But not always prudent.
And what do you want to be that when I ask questions... I make it pretty clear that I expect answers. They throw their rights down like a gauntlet, I simply pick up the gauntlet and hand it back to them as I explain why their rights are real limited when it comes to a bounty hunter or process server or private investigator. In almost every case, the person refusing to cooperate is in one way or another jeopardizing themselves to legal action against them. i.e. Aiding and abetting, harboring a fugitive, impeding due process, etc, etc.
Having a cop on your tail is not nearly so worrisome as a determined and relentless Process Server or even more forceful, the Bounty Hunter!
Rights have limits too, upon government, but not nearly to the same extent upon private citizens.
Blessings,
M-Taliesin