Fourth Amendment in Motion
Introduction
Officer Tyler is standing close to a high school watching the foot traffic. Mike is walking to school, minding his own business. Mike appears older than he is, often being mistaken for someone in college. Officer Tyler is standing in Mike’s path, looking directly at Mike. Mike needs to walk around the officer to continue on his way. Mike is nervous, since the officer is staring at him as he approaches. When Mike is a few feet away, Officer Tyler says, “Let me see some ID.” Mike forgot his identification and tells the officer that he has no ID. The officer directs Mike to empty his pockets. Mike initially starts to do so, but then refuses.
For your main response, address the following:
- At that juncture, did Officer Tyler have the right to make the request?
- Did Mike have the right to refuse?
- What can Officer Tyler do, if anything, after the refusal?
- What if Mike then turned and ran from the officer after yelling, “You have no right to ask me to do anything, I was just walking to school and I am scared of you”?
- What if, when running, Mike pulled from his pocket and threw away what appeared to be a small bag of cocaine?
Be sure to cite sources.
