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Gun Vs Cop


KaptCrunch

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This one shows how it's suppose to be done.

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What an asshole. This individual is actively looking to cause trouble, nothing more. He is within his rights but when someone is wandering around with a weapon, it naturally makes people nervous. This jerk couldnt care less.

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This one shows how it's suppose to be done.

Good grief...  The cop did a great job.

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Anything to get a rise out of Law Enforment!

SheepDog that guy handled that well!

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Where's the probable cause?  It's not illegal to openly carry a firearm.  What crime did he commit?  This is a police department policy issue, not a criminal matter. 

 

Police officers must walk a fine line between upholding the law and the U.S. and state constitutions.  My wife's experience with the local PD is that most officers trample your constitutional rights under the guise of "public safety."   I maintain that an officers job is primarily reactive, not proactive.  They show up after a crime has been committed.  It's the nature of the job.  I know they may want to prevent crime, but that's where an individual's rights begin to get violated.  As a citizen, you actually have more latitude to search and detain through a citizen's arrest then the police do!   So if a police officer desires to be more proactive in preventing crimes he needs to give up his badge and trade his uniform for civilian clothes.

 

A good cop is worth his weight in gold.

Edited by Pharticus
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Where's the probable cause?  It's not illegal to openly carry a firearm.  What crime did he commit?  This is a police department policy issue, not a criminal matter. 

 

Police officers must walk a fine line between upholding the law and the U.S. and state constitutions.  My wife's experience with the local PD is that most officers trample your constitutional rights under the guise of "public safety."   I maintain that an officers job is primarily reactive, not proactive.  They show up after a crime has been committed.  It's the nature of the job.  I know they may want to prevent crime, but that's where an individual's rights begin to get violated.  As a citizen, you actually have more latitude to search and detain through a citizen's arrest then the police do!   So if a police officer desires to be more proactive in preventing crimes he needs to give up his badge and trade his uniform for civilian clothes.

 

A good cop is worth his weight in gold.

Only reasonable suspicion is required for a stop (Traffic or Pedestrian). Probable Cause is required for an arrest, warrant or search (Other than a Terry Pat Down or consent search) See Terry vs. Ohio. The man did not commit a crime in the video, and was not arrested. He was stopped based on the reasonable suspicion that was created by the 911 calls. Once the subject is stopped and found not to be breaking the law and is clear of wants and warrants they are free to go. Case law has found that if open carry is legal in a state, charging someone with disorderly conduct for causing alarm to the people that called 911 simply because of the person carrying the firearm does not supercede the second amendment. That is why they are released unless they are violating another law or have warrants. The sixth circuit also found it reasonable for Officers to request ID and run anyone stopped based on reasonable suspicion for wants and warrants. (Hiibel vs. Sixth Judicial District of Nevada)

 

Terry v. Ohio, 392 US 1(1968)-An officer can briefly detain a person, based upon reasonable suspicion of criminal activity, long enough to dispel the suspicion or to allow it to rise to the level of probable cause for an arrest. The officer is also permitted to do a limited "frisk" search of the person without a warrant. Before the officer can frisk search the subject, he must:

  1. Have articulable facts that the person could be armed with a weapon.
  2. Limit the search to pat searching the outer garments of the

    suspect to feel for objects that might be weapons.

  3. Only reach inside the clothing after feeling such objects.

Hiibel v. Sixth Judicial Dist. Court of Nevada, 542 U.S. 177 (2004)-A police officer can require a person to identify himself/herself if the officer

has reasonable suspicion that the person has committed, is committing, or is about to commit a crime.

Edited by Sheepdog45
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Dammit man!  Don't confuse me with the facts!  :) 

 

In both cases, Terry v. Ohio and Hibel v. Sixth Judicial District Court of NV,  the argument becomes "reasonable suspicion of criminal activity."  I would argue that merely openly carrying a firearm isn't reasonable suspicion (in this day and age I might lose).  If it is legal to open carry, where is the suspicion?   If OC is grounds for reasonable suspicion then can an officer indiscriminately pull someone over to check for DUI (that shows no outward signs of being intoxicated i.e. swerving, erratic speeds)?

 

Also, there have been increasingly more accounts of abuse of "briefly detained".  I think 10 minutes or less fits the definition of briefly, but there are incidents where the "suspect" was detained for over an hour.

Edited by Pharticus
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Dammit man!  Don't confuse me with the facts!  :) 

 

In both cases, Terry v. Ohio and Hibel v. Sixth Judicial District Court of NV,  the argument becomes "reasonable suspicion of criminal activity."  I would argue that merely openly carrying a firearm isn't reasonable suspicion (in this day and age I might lose).  If it is legal to open carry, where is the suspicion?   If OC is grounds reasonable suspicion then can an officer indiscriminately pull someone over to check for DUI (that shows no outward signs of being intoxicated i.e. swerving, erratic speeds)?

 

Also, there have been increasingly more accounts of abuse of "briefly detained".  I think 10 minutes or less fits the definition of briefly, but there are incidents where the "suspect" was detained for over an hour.

This is the case law on the duration of a terry stop (reasonable suspicion) There isn't a set time period.

Florida v. Royer, 460 US 491(1983)-An investigative detention must be conducted in a manner that is no more intrusive than necessary to establish or dispel the officer's suspicions.

 

Reasonable Suspicion - A standard used in criminal procedure, more relaxed than probable cause, that can justify less-intrusive searches.  For example, a reasonable suspicion justifies a stop and frisk, but not a full search.

A reasonable suspicion exists when a reasonable person under the

circumstances, would, based upon specific and articulable facts, suspect

that a crime has been committed.

 

The key to the stops demonstated in the videos of people open carrying is the 911 calls the Officers receive. The 911 call plus the Officer finding the person with the gun creates the reasonable suspicion to investigate what happened. Did the person do something with the gun that broke a law? Did they do nothing at all? Just because a person is stopped based on reasonable suspicion does not mean there must be probable cause that they broke the law. Once Probable Cause is established then an Officer may cite or arrest the person.

 

This same rule applies to all calls for service not just these particular pedestrian stops. (i.e. DV, Assault, Theft, Burglary,DUI) The Officer has to take into account the totality of the circumstances.

 

One more case...

 

Florida v. J.L.,529 US 266 (2000)-An anonymous tip that a person is carrying a concealed weapon is not in and of itself enough to stop and frisk the person.

 

On a side note I support Open Carry as well as Concealed Carry Laws. I think all persons are entitled to self protection under the 2nd amendment, not just in their home.

Edited by Sheepdog45
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Reasonable Suspicion - A standard used in criminal procedure, more relaxed than probable cause, that can justify less-intrusive searches.  For example, a reasonable suspicion justifies a stop and frisk, but not a full search.

A reasonable suspicion exists when a reasonable person under the

circumstances, would, based upon specific and articulable facts, suspect

that a crime has been committed.

I think the key here is being able to articulate the suspicion.  There are cops that have great instincts, but can't articulate the reasoning behind them.  A judge isn't going to let that fly.  And there are those that have been on the job too long and suspect everyone of illegal activities.  My wife was on stakeout with another officer that saw a guy riding his bicycle down the street.  He stops and questions the guy believing him to be a friend of the suspect and thought he was a lookout for him - my wife thought he was an average Joe riding his bike.  It turned out they (the police) were not only watching the wrong house, but were also on the wrong street!

Edited by Pharticus
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wow..."good cop"!

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Reasonable Suspicion - A standard used in criminal procedure, more relaxed than probable cause, that can justify less-intrusive searches.  For example, a reasonable suspicion justifies a stop and frisk, but not a full search.

A reasonable suspicion exists when a reasonable person under the

circumstances, would, based upon specific and articulable facts, suspect

that a crime has been committed.

I think the key here is being able to articulate the suspicion.  There are cops that have great instincts, but can't articulate the reasoning behind them.  A judge isn't going to let that fly.  And there are those that have been on the job too long and suspect everyone of illegal activities.  My wife was on stakeout with another officer that saw a guy riding his bicycle down the street.  He stops and questions the guy believing him to be a friend of the suspect and thought he was a lookout for him - my wife thought he was an average Joe riding his bike.  It turned out they (the police) were not only watching the wrong house, but were also on the wrong street!

I agree with the first sentence, ok first two sentences. After that the dynamic of the post being specifically about stopping armed subject's after 911 calls are received changed. I can't speak to any of it as there isn't any specific case law I can reference on anything you posted about what judges let fly, paranoid cops being on the job to long or the specific case your wife experienced. LoL

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