Howard Community College Criminal Justice Discussion

Assume you are a uniformed police officer in Columbia, MD.

While patrolling late one evening, you observe an Asian male; approximately 20 years of age pacing in front of the Bank of America by the Mall for several minutes. The individual is wearing dark colored clothing and a hood partially covering his head. The young man does not notice you and he continues to pace in front of the closed bank. He appears anxious; looking through the bank’s windows several times then nervously peering around his immediate surroundings. Suspicious of the young man’s behavior, you exit your vehicle and approach him on foot. When he finally notices you and he turns quickly to walk away. Knowing that gangs comprising mostly of young Asian men have been robbing banks in the the area, you order him to stop; he does.

You proceed to secure his hands behind his back with cuffs and ask: “Are you part of the gang breaking into banks?” The suspect nods his head “yes.”

Based on the stated facts and your reading and understanding of chapter 5, were your actions legal? If yes, why? If not, explain why?

What legal remedies; if any, can the alleged suspect take against the officer?

Fully articulate; and where appropriate cite, the source of all your factual statements.