I agree with the majority that the police have a legitimate interest in protecting themselves. There must be, however, some restrictions placed on the intent. In my view, there are several potential unconscionable ramifications to the majority opinion. For instance, if a suspect with an outstanding warrant is talking to his neighbor's family near the property line, can the police now detain the entire family as part of the encounter with the suspect? If the suspect is waiting at a bus stop with six other strangers, can they all be detained?As Techdirt.com notes, such expanded power for the police could allow them to "use spurious reasons to detain people they just don't want around - like eyewitnesses and photographers."
If the same suspect is observed leaving a house and stopped in the front yard, can the police now seize everyone in the house to ensure that no one will shoot them while they question the suspect? What if the suspect is detained in a neighborhood known to have a high incident of crime, can the police now seize everyone in the entire neighborhood to ensure their safety while they detain the suspect? There simply is no definition of who is a ''companion'' in the majority opinion. I would require more than mere ''guilt by association.'' Ever mindful of Franklin's admonition, we cannot use the omnipresent specter of safety as a guise to authorize government intrusion.
The verdict comes from the case State of Connecticut v. Jeremy Kelly, where the defendant was seeking to have evidence thrown out of his trial because he claims that he was unlawfully detained by police and, therefore, his fourth amendment right against unreasonable search and seizure was violated.
In 2007, Kelly was walking alongside another man into a driveway when two undercover officers determined that his walking companion fit the description of a guy they were looking for who had violated his probation. The officers stopped their car in front of the driveway, one of them displayed a badge and said, "I'm a police officer." The officer then told both men to come over to the vehicle, even though the cops at that point in time really only had a particular interest in one of the men.
Both men did not comply with the officer's command and attempted to run away. The cops eventually caught up with the two of them and that is when they discovered Kelly was carrying cocaine.
So, he got nine years in prison. And the man that he was with? He wasn't the guy police were looking for.
The harsh and shameful reality is that despite the fact that crime in the US has been down significantly in the last decade, unlawful arrests, detention, incarceration, police brutality and militarization of our law enforcement have risen dramatically and obscenely. That makes absolutely no sense unless of course you factor in that the US has quietly and covertly devolved into a Fascist State. Today, the USA now resembles Nazi Germany far more than the Republic of America. Bush and Congress via the Patriot Act brought about by 9/11 which has been absolutely proven to have been an inside job. Obama has been busy aggressively implementing and enforcing it during his Presidency. The proof is all around you if you'd only look and pay attention. Red, blue or purple its all the same. Former VP Cheney and his cartel have been busy since building massive 'private prisons' and FEMA camps all over the US for huge profit and their plans to criminalize anybody and everybody as part of the New World Order. We are actually already informally under Marshall Law courtesy of Obama. All that's needed is the next national crisis aka 'false flag event' followed by a formal announcement of Marshall Law and, viola off we 'sheeple' will be sent to a very unpleasant fate. So, how does it feel my fellow Americans to know that despite the fact crime is actually down we all are, or could be just one encounter away from being treated like a criminal by a bunch of psychopathic bullies with badges. Don't believe me, do some of your own research. You'll be appalled but at least you wont be blissfully ignorant of the true reality of life in these United States. I mean really, who needs jobs for your people when you can just give them "3 hots and a cot!" These are really evil bastards and if anybody deserves to be arrested and incarcerated it's the white collar criminals we call our US Government and Law Enforcement! Sad and utterly a national shameful!