Miller blinked. He wasn't used to suspects citing Supreme Court case law.
"I told you, we have reports of burglary in the area. You're in a driveway. You fit the description."
"What description?" Marcus shot back, his voice sharp. "Be specific. What was the race, age, and clothing of the suspect?"
"A male... suspicious behavior," Miller stammered, falling back on the vague language bad cops used to cover their tracks. "And you're acting suspicious right now by refusing to identify yourself. Failure to identify is an arrestable offense."
"That is incorrect," Marcus said, his tone turning into a lecture. "This state is not a stop-and-identify state unless I am being lawfully arrested. Being in a driveway is not a crime. Putting out recycling is not a crime. You are operating on a hunch, officer, not reasonable suspicion. And a hunch is not sufficient legal standing to violate my Fourth Amendment rights."
Miller's face turned a deep shade of red. He felt his authority slipping away. He couldn't articulate the facts because there were no facts. But his ego wouldn't let him back down.
"You're playing lawyer with the wrong cop," Miller sneered, stepping closer, invading Marcus's personal space. "I'm conducting an investigation. You are obstructing that investigation. That gives me probable cause."
"Asserting my rights is not obstruction," Marcus replied calmly, though his heart was hammering against his ribs. "I am waiting for you to articulate the suspicion. If you cannot, I am free to go. Am I free to go, officer?"
"No, you are not free to go."
"Then I am being detained unlawfully, and I want a supervisor on the scene. Call your Sergeant now."
"I don't need a Sergeant to handle a belligerent suspect," Miller spat.
Marcus shook his head slowly. "I am not belligerent. I am informed. There is a difference. And you are digging a hole that is going to cost the city a fortune. Look at me. Look at my clothes. Look at the car in the garage. Does this look like a burglary to you? Or does it look like a homeowner doing his chores?"