pgwenthold said:
Making someone a suspect because they refuse to cooperate with a search for which you had no reason to conduct is pretty much by definition a violation of their rights, and therefore by your assessment, would be illegal.
Who says anyone has the right not to be a suspect? In the U.S., you have the right to be secure against improper search and seizure, to avoid self-incrimination, not to be deprived of life or liberty without due process of law, and a score of others, but that doesn't mean the police can't
think you might have done it, and pursue lawful means of determining whether that's the case while respecting the rights you
do have.
If the police find someone who matches the description of a killer and was known to be in the area of the crime, and that person refuses to answer any questions at all, refuses to give a DNA sample, and immediately asks for a lawyer, are you really telling me the police would be violating his rights if they chose to make him the emphasis of their investigation?
Now, I'm not saying the fact that he refused to cooperate would be reason enough to detain him, or issue a search warrant on his property. I'm saying that I think the police would be justified keeping an eye on him, and checking out his background to see if a case against him holds water.
Also, isn't "You will be a suspect if you don't cooperate" an example of coercion?
Nah. If you really didn't do it, the investigation will lead away from you regardless.
Jeremy