The suspicious person – the way a police officer stops 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 broadcast 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 do not believe it is legal. This may be more of a personal belief than anything else, because I know that officers are legally allowed to stop “suspicious” vehicles and people and I also know that officers, like anyone else, can “stop and talk” with a person. ..and that person can just ignore the officer and walk away. But I’ve given some thought to what might be “suspicious” and compiled the list below, but in general, anything that seems a bit out of the ordinary for a given area at a given time of day may indicate criminal activity. This first list is what I would consider “obviously suspicious” activity and I have no problem stopping these types of people:

• A stranger entering a neighbor’s home or property when the neighbor is not home.
• Yelling or yelling can indicate a fight, robbery, rape, etc.
• Offers of merchandise at ridiculously low prices could mean stolen property.
• A person who steals auto parts, license plates, or gasoline is considered a suspect.
• A person looking inside parked cars may be looking for a car to steal or valuables left in plain sight inside.
• People who enter or leave a place of business after hours may be thieves.
• The sound of breaking glass or other loud explosive noises can mean an accident, break-in, or vandalism.
• People loitering in schools, parks, secluded areas, or in the neighborhood may be sex offenders, may be “covering up” a crime, or may be acting as lookouts.
• People in the neighborhood who don’t live there could be thieves.
• People who claim to be representatives of public services (gas, phone, water, electricity, cable) but who are not in uniform or do not have company identification may be thieves.
• Anyone who tampers with or breaks into a building or vehicle.
• Open or broken windows and doors in a home or business.
• Gunshots, yelling, the sound of a fight, people chasing others on foot or in cars, unusual dog barking – anything that suggests foul play, danger, disorderly conduct, or criminal activity.
• Any vehicle without lights at night, moving slowly, or following a course that seems aimless or repetitive is suspect anywhere, but particularly in school areas, parks, and playgrounds.
• Apparent business transactions conducted from a vehicle, especially around schools or parks and if minors are involved.
• People forced to get into vehicles.
• A person exhibiting unusual mental or physical behavior may be injured, under the influence of drugs and/or alcohol, or in need of psychiatric help.

Here 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. She has never seen a new style of car and wanted to see its interior, so she looked through a window as she walked past it? Or maybe she was taking a walk, she got tired and stopped at a bus stop to rest, not intending to take the bus. The following are some situations that she could see and what they could mean, but do they rise to the level of “suspicious” that officers should be involved?

• A person loitering in front of a home or business if the residents are not around or the business is closed.
• A person who is running and does not seem to be exercising, especially if they are carrying things.
• A person who brings goods at an unusual time, in an unusual place, if the person appears to be trying to hide the goods, or if the goods are unwrapped as if they had just been purchased.
• Heavy foot traffic to and from a given residence may indicate narcotics activity or a “fencing” operation (buying and selling stolen property), if it occurs on a regular basis.
• Ongoing vehicle “repair” operations at a non-commercial location.
• Parked and occupied vehicles are worth noting, especially if seen at odd hours.
• The unknown abandoned vehicle parked on your block.

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

The first list set forth above is one that even I, as an Austin Criminal Defense Lawyer, agree with and do not dispute an investigation by police officers. However, while a uniformed officer myself, I questioned stops made by other officers on this second list, and was sometimes annoyed when citizens would call 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 out, 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 a right to be at any time? However, if the person is looking out the windows or knocking on the door, then they are included in the first list. But let’s complicate matters further. If the person is standing on the grass, is he suspicious? I think there’s a stronger case that it’s because trespassing might 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?

Second on the list is running while obviously not exercising (especially if you run property). What is “obviously not exercising”? Maybe the runner can’t afford the latest training gear and is running in something many of us wouldn’t wear. Alone, that doesn’t make him suspicious. Now, on the property comment… what kind of property? Most people run with an iPod, cell phone, or some other personal device, right? Does that constitute suspicious? I admit that if someone is running down the street with a DVD player, that’s a little more suspicious and out of place, but honestly, that’s never happened to me in the almost three years I’ve been an officer.

The third item on the list is an accumulation of various “suspicious” actions. Without going into too much detail, I think we can all agree that common sense is needed here. If we’re looking at an item being unwrapped, not everything purchased is “new” and not all purchases come packaged in a wrapper. The most problematic thing for me is what is “unusual time or place”? If the person works different hours than most people and goes out to do something at night because that’s his schedule, does that make him “unusual”?

The fourth point is relatively simple. Yes, heavy human smuggling can be evidence of ongoing criminal activity, but depending on where you are, it may not: for example, a house near a college campus or in “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. Bottom line, try not to be the overly nosy, nosy neighbor who is always throwing rocks at someone else and not minding their own business…

The vehicle repair point bothers me a lot. Yes, you can violate an HOA rule, but that is not a crime. Chop shops are not going to be out in the open. They’re going to be hidden where only the people who use them know their location, and it’s doubtful that a junkyard would present itself as a mechanic’s business in the middle of a neighborhood. Just because someone can’t afford a spot in a business district for an auto shop doesn’t mean they’re engaging in illegal activity. If this really bothers you, consider filing a nuisance action against them, but calling the police is in poor taste – officers are too busy to respond to calls like this!

To conclude, I want to combine the last two points: the parked and abandoned vehicle and the parked and occupied 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 a matter of people “parking”… please, find a life. However, if it’s offensive, why should you think of yourself as the “morality 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 lawyer, 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’s much better for 100 guilty people to go free than for one innocent person to be arrested/indicted.