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RichD

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Jun 4, 2022, 7:43:29 PM6/4/22
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Yesterday I saw a person pushing a bicycle down the
street, missing the front wheel.

Suspicious, no? Because owners commonly (carelessly)
lock their bikes to a rack, through the wheel, not frame.
A thief can easily remove the wheel.

Now, does a cop have probable cause to contact him?
It seems pointless - he can easily claim he's a victim
of theft, or the wheel was damaged, and he removed it himself.

So with nothing to gain, does the cop still have cause?
Especially if we take "probable" literally -

--
Rich

Roy

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Jun 4, 2022, 7:59:56 PM6/4/22
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Probable cause is the standard for detention, arrest, search warrant etc.

Reasonable suspicion is a step before probable cause. At the point of
reasonable suspicion, it appears that a crime may have been committed.
The situation escalates to probable cause when it becomes obvious that a
crime has most likely been committed.

RichD

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Jun 8, 2022, 7:40:08 PM6/8/22
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On June 4, Roy wrote:
>> Yesterday I saw a person pushing a bicycle down the
>> street, missing the front wheel.
>> Suspicious, no? Because owners commonly (carelessly)
>> lock their bikes to a rack, through the wheel, not frame.
>> A thief can easily remove the wheel.
>> Now, does a cop have probable cause to contact him?
>> It seems pointless - he can easily claim he's a victim
>> of theft, or the wheel was damaged, and he removed it himself.
>> So with nothing to gain, does the cop still have cause?
>
> Probable cause is the standard for detention, arrest, search warrant etc.
> Reasonable suspicion is a step before probable cause. At the point of
> reasonable suspicion, it appears that a crime may have been committed.
> The situation escalates to probable cause when it becomes obvious that a
> crime has most likely been committed.

So the situation described constitutes reasonable suspicion?
I don't see what might be gained;
"So what's up with the bike?"
"The wheel was stolen, I'm heading to a bike shop for a replacement."

What can the cop do?

--
Rich

Roy

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Jun 9, 2022, 12:38:39 AM6/9/22
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I would think you need something other than someone wheeling the bike
without the wheel.

"So what's up with the bike?"
"I don't want to talk to you. I invoke my right to silence. Are you
detaining me, or am I free to go?"

Now the cop can't purse any questions. I would suspect he couldn't even
ask for ID. What if the person responds "I don't have any ID with me"
He can't raise his suspicion level because of a refusal to talk or toy
present ID. He would be hard pressed to say he has probable cause when
a few seconds ago he was at reasonable suspicion.

About the only thing he could do is ask the person to wait for a minute
while he checks to see if there is a stolen bike had been reported in
the last "X" minutes


Rick

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Jun 10, 2022, 9:40:55 AM6/10/22
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"Roy" wrote in message news:t7rtff$d00$1...@dont-email.me...
As a practical matter, I doubt if any police officer would have much
interest in this UNLESS there was a report of a stolen bike in the
neighborhood or perhaps a recent rash of stolen bikes.

--

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