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The Suspicious Person – A Police Officer Way To Stop You!

But what exactly is “suspicious” for an officer?

As a Texas peace officer, I have heard many fellow officers stop “suspicious vehicles” and “suspicious persons” on multiple occasions. I also heard outreach calls from our Citizens Dispatch about “suspicious” activity in your neighborhood. That being said, as an Austin area Criminal Defense Attorney, I have personally never been involved in one of these “suspicious person” stops as I don’t think it is legal. This may be more of a personal belief than anything else, because I know that officers are legally authorized to stop “suspicious” people and vehicles and I also know that officers, like anyone else, can “stop and talk” to a person. .. and that person can just ignore the officer and walk away. But I have thought about what might be “suspicious” and have compiled the list below, but in general, anything that seems a bit out of the ordinary for a certain area at a certain time of day can indicate criminal activity. This first list is what I would consider “obviously suspicious” activities and I have no problem stopping these types of people:

  • A stranger who enters your neighbor’s home or property when the neighbor is not home.
  • Yelling or yelling can indicate a fight, robbery, rape, etc.
  • Sale of merchandise at ridiculously low prices could mean stolen property.
  • The person who removes auto parts, license plates, or gasoline is considered suspicious.
  • A person looking inside parked cars may be looking for a car to steal or valuables left on display inside.
  • People who enter or leave a workplace after hours can be thieves.
  • The sound of stop glass or other loud and explosive noises could mean an accident, theft or vandalism.
  • People loitering in schools, parks, isolated areas, or in the neighborhood may be sex offenders, may be “cover ups” for crime, or may be acting as lookouts.
  • People in the neighborhood who do not live there may be thieves.
  • People who claim to be representatives of public services (gas, telephone, water, electricity, cable) but who are not in uniform or do not have company identification can be thieves.
  • Anyone who alters or forces entry to a building or vehicle.
  • Open or broken windows and doors in a home or business.
  • Gunfire, screaming, sounds of a fight, people chasing others on foot or in cars, unusual barking of dogs – anything that suggests foul play, danger, disorderly conduct, or criminal activity.
  • Any vehicle with no lights at night, moving slowly, or following a course that seems aimless or repetitive is suspect anywhere, but particularly in school, park, and playground areas.
  • Apparent commercial transactions carried out from a vehicle, especially around schools or parks and if minors are involved.
  • People forced to get into vehicles.
  • A person exhibiting unusual physical or mental behavior may be injured, be under the influence of drugs and / or alcohol, or need psychiatric help.

These are the less than obvious “suspicious” activities:

Not all strangers who enter your neighborhood are criminals and may have a perfectly legitimate reason for their activity. You’ve never seen a new style of car and wanted to see inside it, so you looked out of a window as you walked past it? Or maybe you were taking a walk, got tired, and stopped at a bus stop to rest, with no intention of taking the bus. The following are some situations you may see and what they might mean, but do they rise to the level of “suspicion” that officers should be involved?

  • A person loitering in front of a home or business if residents are absent or if the business is closed.
  • A person who is running and does not appear to be exercising, especially with belongings.
  • A person bringing property at an unusual time, in an unusual location, if the person appears to be trying to hide the property, or if the property is not wrapped up as if it had just been purchased.
  • Heavy human trafficking to and from a particular residence may indicate narcotics activity or a “fencing” operation (buying and selling of stolen property), if it occurs on a regular basis.
  • Ongoing vehicle “repair” operations at a non-commercial location.
  • Parked and busy vehicles are worth noting, especially if they are seen at unusual hours.
  • The unknown abandoned vehicle parked on your block.

While some, if not all, of the suspicious circumstances described above could have logical and legitimate explanations, officers will claim that they would rather investigate a possible criminal situation and find nothing to be called after it is already too late and someone has been a victim. While this is a noble goal, it is critical for officers to remember that this is a free society and that what may be unusual for one may not be for someone else.

The first list set forth above is one that even I, as an Austin criminal defense attorney, will agree with and will not question an investigation conducted by police officers. However, while I was a uniformed officer myself, I questioned the stops made by other officers on this second list and was sometimes annoyed that citizens called to report activities like these.

I want to address each of these in the order listed to explain my position and reasoning. As for the person loitering in front of a closed business or home if the residents are not there, the first question I have is “where is the person?” If the “suspicious” person is on the sidewalk, isn’t that a public space where everyone has the right to be at any time? However, if the person looks out of windows or knocks on the door, they are included in the first list. But it further complicates matters. If the person is standing on the grass, is he suspicious? I think there is a stronger case that it is because the intrusion could now be involved, but if the landscape is part of a public parking lot, doesn’t that change the facts and make it less suspicious?

The second in the list runs when you obviously don’t exercise (especially if you carry a property). What is “obviously no exercise”? Maybe the runner can’t afford the latest training gear and is running with something that many of us wouldn’t use. Alone, that doesn’t make it suspicious. Now in the comment about the property … what kind of property? Most people use an iPod, cell phone, or some other personal device, right? Is that suspicious? I admit that if someone is running down the street with a DVD player, that is a bit more suspicious and out of place, but honestly, that has never happened to me in the almost three years that I worked as an officer.

The third item on the list is an accumulation of several “suspicious” actions. Without going into great detail, I think we can all agree that common sense is what is needed here. If we are seeing that an item is unwrapped, not everything that is purchased is “new” and not all purchases are packaged. The most problematic for me is what is the “unusual place or time”. If the person works a different schedule than most people and is doing something at night because that is their schedule, does that make it “unusual”?

The fourth point is relatively simple. Yes, heavy traffic may constitute evidence of ongoing criminal activity, but depending on where you are, it may not: for example, a house near a college campus or in a “sorority row” … doubtful . A house with teenagers living in it who are close to their school or who are very active members of various social organizations: probably not. Simply put, try not to be the overly nosy and busy neighbor who is always throwing rocks at someone else and not minding his own business …

The subject of vehicle repairs bothers me a lot. Yes, you can violate a Homeowners Association rule, but that is not a crime. Junkyard shops are not going to be out in the open. They’re going to be hidden where only the people who use them know about their location, and it’s doubtful that a cutting shop would go up front like a mechanic’s business in the middle of a neighborhood. Just because someone cannot afford a location in a business district for a mechanic shop does not mean they are engaging in illegal activity. If this really bothers you, consider filing a nuisance action against them, but calling the police is simply in bad taste – officers are too busy to take calls like this!

In closing, I want to combine the last two points: the abandoned parked vehicle and the occupied parked vehicle seen at “unusual” hours. Again, I want to focus on what is “unusual” … but a common sense application should be able to cover this. And if it’s people “parking” … please get yourself a life. Or, if it’s offensive, why should you think of yourself as the “moral police” and meddle in their business?

Lastly, I appreciate what the officers do, as I, too, worked in the field for almost three years. But now that I’m an Austin Criminal Defense Attorney, I question some of the actions of other officers, and I did this when I was there … that’s probably one of the reasons I wanted to leave. After all, I think it is much better for 100 guilty people to go free than to arrest / charge one innocent.

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