Re:DHS to Launch Nationwide License Plate Reader Program
by devnul3 on Tuesday April 07, 2015 @10:03PM
(#9338412)
I've heard the "occasionally is nothing, repeatedly is stalking" argument on here repeatedly and (ianal but I know some) this is inaccurate. There are two requirements for a charge of stalking: willfully and repeatedly, and criminal intent.[0]
In other words, I can follow you all i want as long as I'm not trying to be stealthy, or I can be as stealthy as I want as long as I don't follow you repeatedly.
What happens if I make the same 20 turns as you, though, at the same intersections, right behind you? At first it was a coincidence, but after a certain number of turns, it's probably not.
What if I did this every day for a year? You could probably get a restraining order against me for stalking. But for two turns one day last year? Definitely not.
The outward behavior is exactly the same, I just happened to be following behind you (that's what I'll argue). Why should the courts treat a couple of blocks any differently than many miles for many days?