Does a person who refuses to answer any question put to him by police for questioning need not answer any questions at all and may go on his way?

California, United States of America


The following excerpt is from People v. Thomas, 241 Cal.Rptr.3d 87, 29 Cal.App.5th 1107 (Cal. App. 2018):

A person approached by police for questioning "need not answer any question put to him; indeed, he may decline to listen to the questions at all and may go on his way. [Citations.] He may not be detained even momentarily without reasonable, objective grounds for doing so; and his refusal to listen or answer does not, without more, furnish those grounds." ( Florida v. Royer (1983) 460 U.S. 491, 498, 103 S.Ct. 1319, 1324, 75 L.Ed.2d 229, 236 ; see also Illinois v. Wardlow (2000) 528 U.S. 119, 125, 120 S.Ct. 673, 676677, 145 L.Ed.2d 570, 577.) Thus, the fact that defendant refused to provide his identification and tried to walk away from the officers did not provide them with reasonable suspicion sufficient to justify his detention.

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