Which action is considered an element that may establish loitering?

• A. flees when LE appears
• B. refuses to identify
• C. attempts to conceal themselves or an object
• D. will not explain what they are doing

Answer: (A)

Loitering or prowling is about lingering in a place with no legitimate purpose and in a way that could signal an intent to commit a crime or create fear. Fleeing when law enforcement appears is a strong indicator that the person does not have a legitimate purpose for being there and wishes to avoid contact, which aligns with the behavior that may establish loitering. It directly suggests an awareness of potential wrongdoing and a lack of cooperation, fitting the pattern prosecutors or officers use to identify loitering. The other behaviors—refusing to identify, attempting to conceal oneself or an object, or not explaining what they are doing—can be suspicious or relate to other offenses, but they do not as directly demonstrate the absence of a legitimate purpose and the avoidance of scrutiny in the same clear way as fleeing when police show up.