M Proctor parked his car for about 2 minutes in a private shopping center lot in Milbury, California. While picking up takeout, the vehicle was not blocking traffic or driveways. >> All right, Mr. Proctor, that is your last name. >> Everything okay? >> Do I need to answer any of your questions? >> You don't have to answer anything, dude. You don't have to. Lucky you, you stand here all day. A San Francisco Police Department K9 officer approached and informed Proctor he was being detained because the spot was not a parking space. >> I get paid either way. >> Can you go ahead and finish your job? >> So, I can carry on. >> What's with the anger, dude? >> I'm not angry. >> You're not angry. And you always talk to everybody like that. >> I'm I'm not angry. >> Oh, okay. >> I just want you to go ahead and wrap things up, please. >> Okay. All right. Well, you know, I'll give you a break on it, but you know what I'm saying? This isn't a parking spot. Okay, dude. >> You're not giving me a break. You're harassing me at this point. I'd like to leave. May I leave now, please? >> Proctor asked twice whether he had to answer questions and whether he was free to leave. >> Well, do you understand? >> Am I being detained? >> Yes, you are. >> The Fourth Amendment does not allow police to keep someone detained simply because they refused to answer questions. In Florida versus Reyer 1983, the US Supreme Court stated, "A person approached by officers need not answer any question put to him, and his refusal to listen or answer does not without more furnish those grounds for detention." >> Okay. >> All right. [snorts] So, do you understand why I stopped you? >> Do I need to answer any more of your questions? >> You don't have to. >> Okay. >> Okay. But then again, I could do this all day, too. >> Okay. >> All right. So, uh, would you like to leave? >> I'd like to leave. May I leave now, please? >> Mr. Proctor, would you like to leave? >> Do I need to answer any more of your questions? >> Hello. No, [snorts] >> I'm not the one that's acting this way. Okay. I'm just asking you, do you know, you know, I'm trying to give you a break here. All right. >> I prefer you just write me the parking ticket and let me go. >> Right. Okay. Oh, okay. All right, dude. I was trying to be nice to you. Right in front of the Hawaiian um driving, all right? Yeah. So, just let you know what's going on. Uh we're have another guy coming over real quick. Traffic guy with a side book since um you want to write want a ticket. So, otherwise I didn't want to go through all this hassle. You know what I'm saying? >> Like Queensland. >> I'm sorry. I'm sure you're a nice guy. I'm not in the mood to have conversation about my dog. >> Oh, okay. >> Looks like one. >> Yeah, it doesn't matter which side. It doesn't matter. >> Whatever. All right. All right, dude. I'll wait for you. All right. >> I don't think Mr. Instructor. Uh, >> California Vehicle Code parking citations can only be issued for violations of federal, state, or local law. A 2011 California Attorney General Opinion number 07804 is explicit. A citation under the vehicle code may not be issued in connection with parking on private property that merely violates the property owner's rules rather than federal, state, or local law. Hopefully I'm not keeping you from anything, am I? Oh, I don't like talking to you. All right. Is everything okay? Is there any other issues or anything going on that I should know of? >> Do I need to answer your questions? >> You don't have to answer anything. I'm I'm concerned about your well-being. Is there something wrong? >> Do I need to answer any of your questions? >> Well, yeah, if you're there's something wrong, it would be nice. Yeah. >> Do I need to answer any of your questions? >> You don't have to talk to me. I'm just saying I'm just concerned about your wellbeing. That's all I'm saying. >> The officer prolonged the stop by repeatedly questioning Proctor's mental state and waiting for another unit. He described the delay as his lunchtime. >> Usually, we don't get people uh hostile. >> I've not been hostile. Okay. Well, usually we don't get people wanting a ticket. You know what I'm saying? I'm going through all this. I could be having my lunch right now. And you too. >> Hey J, where you coming from, man? City. There's a lot of a lot of traffic. >> Dang, dude. It's going to start raining out here. >> Once the original purpose of a traffic or investigative stop is complete, officers may not extend it with unrelated questions unless they develop independent reasonable suspicion. >> That rule comes directly from Arizona versus Johnson 2009. >> All right. So, how long is it going to take it to get here? No, I'm I'm a lot international. >> Yeah. >> All right. Well, hopefully you have it cuz I'm I'm going have to let this guy go >> and it's just being, you know, this is going to be more Yeah. carrying a backpack. >> Nah. All right, dude. Well, we'll be waiting, dude. Hurry up, dude. It's been my my lunch time. All right, I'm waiting for you. All right, bye. >> Hey, Mr. Proctor, can I give you your stuff so you can leave? Can you >> I can, but you're the one I would have let you go a long time ago. >> What do I need to do for you to hand me my documents so I can leave? >> I need you to right now. I just want to know that you know that you're okay cuz usually I don't get people all this. >> What do I need to do for you to hand me my documents so I can be on my way? >> You're okay. >> I don't need to answer any of your questions. >> Hey, there we go again. Jesus Christ. >> You know, >> I'm trying to say that uh >> you're trying to display your power to me right now. I'm concerned about it. Is it a problem to be concerned about another human being? >> You have no reason to be concerned about me. >> So, it's okay then. You're okay then? >> You can hand me my documents and I can be on my way or >> Okay. So, okay. So, if I have your stuff, you'll be fine and taken off and you're not angry, right? >> You're not going to Okay. Here, I'll tell you what. I'm going to take a chance on you. All right. Here, Mr. Proctor. Um, you everything's cool. All right. We're blocking traffic here. Your stuff. All right. And hopefully every you have a good day. Everything works out for you. All right. >> Am I free to leave now? >> Yes, you are. >> Could you please step away from the vehicle? >> Yes, I will. You have a good day. >> After roughly 7 minutes, the officer returned the license and registration, issued no citation, and told Proctor he was free to go. Proctor drove away without further incident. >> I was in such a big hurry that um I didn't even know what his name was. I never got a citation. I you know I'm not a first amendment auditor so I didn't think to go name and badge number please you know I that didn't so I've even like gone back and watched the video and thought can I just get his name off of his uniform I can't really see it clearly uh so I was in such a hurry to break communication with him and get on with my day he was costing me money you know that he was willing to go through such great lengths as to have somebody else bring a site book to him from across town. I was like, "This guy's crazy. This guy's What is he going to try and do here?" because he's he's not got some criminal >> [snorts]