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Unfortunately we don't know the whole situation.
Fortunately we do not need to.
Then what are we discussing?
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Is this neighborhood the type where people are commonly walking around at 11p.m.?
Doesn't rightly matter! I am an individual and thus the common behavior is no concern of anyone! Lemmings are good at common behavior traits and I am not.
Not the point, there are places where ANYBODY walking around at 11 p.m. is out of the ordinary. Where I work ( in the sticks mostly) nobody is walking because it's miles to anywhere. If I see someone walking I can readily assume they have broken down or ran out of gas or got stuck in snow, etc. Not the end of the world or a trampling of rights for me to ask if they need help
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Does this person fit the neighborhood?
Would this be a spidey sense thing regarding looks? Or does the pedestrian need his address on the back of his shirt?
No, thats a common sense thing. There are neighborhoods where certain people do not belong. White, black or green. Has nothing to do with race or color. Again a consentual encounter, would I force someone to stop and talk to me because they didn't fit a neighborhood? No. Would I stop and talk to them, yep. Because if they just broke into your house, you would want me to.
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person could be lost, ran out of gas and needs assistance, etc.
If I want directions, lift to gas station or assistance I will ask for it... might even flag ol' officer spidey down for the help.
Not everyone is like you. Some people are oblivious to the world around them and have their IPOD playing, are half asleep, drunk, etc. If your wife broke down and needed help should I drive right by her and assume she is all set? Or drive right by her to prevent forcing her to talk to the police? Or should I stop and say " Walking for fun or did you break down? Need some help?
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Was the subjects activities unlawfully disturbed by the social contact?
I sure wish we had this clause in the Florida Constitution...
If a cop approaches and tries to initiate a "consensual contact" and I reply that I am not willing to stop to talk, I could be charged with "interfering with a police investigation".
Then I would say you have no worries, you have to stop and talk by your state law. So, whats the point?
If i fail to present ID, I can also be charged. If he asks where I am going or coming from and I reply "I do not think that is any of your business, I might suffer a slip and fall right into a lamp post...