Well... he is stating the guy was loitering so the cop was investigating. Being a Constitutional Conservative, Id expect him to understand the Constitution. The 14th Amendment covers this.
Chicago vs Morales....
That case doesn't prevent police officers inquiring into purpose when they see loitering. It merely establishes the rule that when asked, strictly for ending loitering status, to move along, the officer may not arrest the person for loitering if the person merely refuses to do obey the command. It doesn't mean, however, that the person cannot then be arrested for behaving in an aggressive and threatening manner in reaction to the inquiry.
