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Yeah, this is why honest people spend hours after an encounter with police talking themselves out of shooting badges.
Think of the children!
Thank you. I’m very glad you included this panel.
Of course, one can always file under civil rights laws, but in general you ask “am I free to go?” If the answer is yes, get up and casually walk away. If the answer is no, ask “for what reason am I being detained?” If they can’t give a straight answer, or try to be cutesy by saying “you’re not being detained, but you’re not free to leave” (which is a factual contradiction), make a mental note of it so you can bring it to a civil rights attorney. If they ask any questions, say you’re not going to answer questions and want a lawyer. If they say you’re under arrest, again ask for the reason as above, then re-invoke your rights for good measure.
Congratulations. You’ve just been arrested for harassing an officer.
I don’t think even the most liberal judge would accept that you were “harrassing an officer” after he stopped you and wouldn’t let you go.
Not that I’m advocating being that confrontational, of course; unless he’s a total dick, a cop who won’t let you leave will suspect you of something, and as most people view taking the fifth as an indicator of guilt, he’ll then think he has probable cause to arrest you for whatever that was.