Quote Originally Posted by Unregistered View Post
The elements of L&P are:
- statutorily defined
- along with case law precedent.
Both go together (if you want an L&P case to stick). However, there are very few L&P arrests and most of them are at nighttime. As an officer, you are required by law to give the citizen an opportunity to "dispel" your concerns. Your concerns must be predicated on what other officers (in your situation) would think. In other words: are you (as an officer) being reasonable?

Anyway, a citizen cannot be punished for refused to answer questions. If a citizen is loitering and prowling, at a time and place that cannot be legally justified, then arresting him for L&P isn't not punishing him, even if he refuses to answer questions.
You have to give the person the chance post Miranda to dispel you concerns. So if they choose not to answer your questions then yes they can and usually will be arrested