April 29, 2013, 07:42 PM
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#183
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Senior Member
Join Date: August 8, 2012
Posts: 2,556
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If the police account is true, he wasn't detained until he refused to be disarmed during the course of investigating a complaint by another citizen. If correct, then his refusal resulted in him being detained.
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I would point you to Florida v. Royer - 460 U.S. 491 (1983) As referenced in ILLINOIS V. WARDLOW 528 U.S. 119 (2000)
Specifically this section:
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Such a holding is consistent with the decision in Florida v. Royer, supra, at 498, that an individual, when approached, has a right to ignore the police and go about his business.
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As well as
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...Terry recognized that officers can detain individuals to resolve ambiguities in their conduct, 392 U.S., at 30, and thus accepts the risk that officers may stop innocent people. If they do not learn facts rising to the level of probable cause, an individual must be allowed to go on his way.
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