BACKGROUND: Determining the level of police contact is critical because of the legal consequences for officers. Actions can become unlawful if the contact level changes without proper legal justificat

Scenario

WHICH CONTACT?

DIEGO AND THE POLICE

Officers Juárez , Nowak and Franklin are assigned to the Lost Fortune neighborhood, a largely Latino

community which abuts another neighborhood that experiences moderate gang activity. Periodically

gang -related crimes spill over into Lost Fortune, so it wasn’t unusual when a supervisor t old the

officers assembled for roll call several evenings prior that a series of armed robberies committed along

the border of the two neighborhood s that summer is believed to be gang -related. The robberies are

carried out after dark by a lone male speaking with a faint accent and of average height who appears

to be Latino , wearing a jacket that is black and silver . This is the colors for the gang in the next

neighborhood , as well as the popular Lost Fortune Poorboys baseball team . That the assailant uses a

semiautomatic handgun that ’s the gang’s handgun of choice with some kind of silver marking on it

and the nature of the crimes suggest gang affiliation. The patrol area where the three o fficers work

includes a small shopping district near which some of the robberies have taken place.

It's a Thursday night around 7:45 PM when the officers stop near the shopping district and observe

Diego, a Latino youth 17 -19 years old of average height , leaning against a shop building on a corner

across the street from where the business district ends and the residential area begins. He’s looking

at his cell phone and wearing all black clothing in the baggy style popular with both gangs and local

youth , but it ’s a w arm night and has no jacket on . The officers decide to approach Diego, who looks

up from his phone as they do but doesn’t move or otherwise react as the officers stop in front of him.

“How are you doing?” Ofc. Nowak asks with a smile and Diego stares at her wordlessly for a few

seconds before shrugging . He smells of marijuana but recreational use is legal in the state. “Think you

can pull that thing up?” Ofc. Juárez asks, lifting his hand from where he’s rested it on his gun holster

and gesturing to the bandana Diego wear s around his head and partly over his eyes. After another

pause, Diego complies , though he doesn’t directly look at any of the officers as they speak to him.

“Feel like chatting? What’s going on?” Ofc. N asks casually. “You waiting on a friend?” she adds as

Diego keeps glancing down at the cell phone in his hand expectantly, but Diego shakes his head. “Just

killing time.” At this point Ofc. Franklin, who has leaned a shoulder against the building to brace

himself and was facing Diego’s right side, moves away to address a community member walking by

who wants to ask a question. After approximately 60 seconds, he resumes his former position just as

Ofc. N asks Diego , “Do you go to school still or you working?” Ofc . N asks and Diego grudgingly

responds, “Neither right now.” Ofc. N says she’s curious if he spends a lot of time in the area. “There’s

been people getting robbed at gunpoint around here. You hear anything about that? ” Diego does not

respond. Ofc. Franklin quickly nudges Diego with his elbow and says, “How about it?” Diego mumbles

a vague response none of the officers can make out.

Ofc. N continues to ask Diego questions, but he is non -responsive, shrugging or simply staring at his

feet. Ofc. N reaches out and pats him on his shoulder, saying, “We’re honestly not trying to cause you

any trouble, but you can cause if for yourself acti ng this way.” But Diego doesn’t respond to her

entreaty and ultimately den ies any knowledge of the robberies .