No, that's not what you said. You said if you aren't under arrest you can run away or run towards the cop. You qualified that by stating that if the cop hasn't arrested you he is just a JAG - the clear meaning being that he can't stop you from doing whatever you want since he is just another guy with no more authority than anyone else to interfere with your actions. Detention is the law that prohibits you from running away or towards the cop, or doing as you please, even if you aren't under arrest. You are being detained while the cop investigates whatever he is investigating which then determines whether you will be arrested, cited or released.
Here are my actual words: 209: The victim was NOT resisting arrest at the time of shooting, thus was a free man, thus free to choose to jog toward the cop or away from the cop. In essence you're advocating allowing a cop to shoot anyone who chose to exercise their freedom of movement. 213 I'm not under arrest, I'm free to leave I have no obligation to continue the conversation and am free to leave. 215 If the PO is not arresting the person, the cop is JAG. You don't have to talk to him any more than you would have to talk to a random stranger. 219, Allowing for addition of “detaining” If you want to add detaining as an addition to arresting, fine. The point remains: if cop is not exercising his power to arrest (or detain) me, I have no obligation to talk to him. 221 I'm not a threat to the cop or the public and have no obligation to talk to him 267 They have that added authority only when they are exercising it, e.g. when they are arrestng or detaining me. If they do neither, they are not exercising the added authority, which makes them JAGs Show me where you got bolded+red from my actual words; your imagination doesn't count.
So if a cop asks me where is the nearest bathroom, I'm detained until he gets a satisfactory answer? That aside, cite law mandating me to talk to a cop if I'm not arrested or detained.
WHAT???? LOL Et tu, Brute? Listen, I would never provoke a cop by refusing answering some questions, seriously, never. But with my background not jerking their whiskers without a good reason are inbred together with knowing your legal limits and healthy skepticism of authority. So, yeah, I would cooperate for as long as possible, but "a man gots to know his limitations", or law's limitations in this case.
Apparently, the cop was laughing after he killed the guy. http://gawker.com/cop-laughed-about-his-adrenaline-rush-after-shooting-wa-1697413124 This story gets increasingly disappointing.
A cop can only detain you in the course of an investigation. If you think you have made a sound argument applying that to being asked about a restroom you are too fucking stupid to understand how the variety of laws would pertain to detention so it doesn't serve any purpose to provide them. Secondly, even if a cop detains or arrests you, you never have to talk to them; we've been over this -- even complete dumbfucks have the RIGHT to remain silent. You never have to say a word to a cop.
So if I'm not mandated to talk to a cop, and I'm not arrested or detained, exactly what law stops me from leaving?
That question is meaningless. If you haven't been detained nothing has stopped you from leaving. You have heard of traffic tickets, correct? If you get pulled over, are you not being detained while the cop runs your license? There is no law that dictates you HAVE to stay there while the cop runs your license. You are more than welcome to tell the cop to fuck off and go on your way. But if you start your engine and take off, there are a myriad of crimes you can then subsequently be charged with. It's the subsequent charges of your behavior in the act of escaping the detainment that are against the law.
