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The Range
Law & Order
All The Open Carry Folks wanted a court decision......
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<blockquote data-quote="hrdware" data-source="post: 1904998" data-attributes="member: 24475"><p>My facts of what happened in the case were incorrect, but the outcome is still the same.</p><p></p><p>Two men were observed in suspicious behavior (allegedly casing a store for a hold up), the two were joined by a third who quickly left. The two eventually joined the third a few blocks away. The three were searched and a revolver was found on two of them. The defense wanted the finding of the firearms thrown out because they claimed violation of the 4th. The courts ruled that if there was suspicion a crime had been committed or was about to be committed, then the search was warranted and not a violation of the 4th Amendment.</p><p></p><p>As a result, if an officer has reasonable suspicion of a crime, a search may be warranted. Without reasonable suspicion it is not.</p><p></p><p>I got my cases mixed up, but Terry v. Ohio allows searches with reasonable suspicion of a crime, but without that reasonable suspicion of a crime, a search is still a violation of the 4th.</p></blockquote><p></p>
[QUOTE="hrdware, post: 1904998, member: 24475"] My facts of what happened in the case were incorrect, but the outcome is still the same. Two men were observed in suspicious behavior (allegedly casing a store for a hold up), the two were joined by a third who quickly left. The two eventually joined the third a few blocks away. The three were searched and a revolver was found on two of them. The defense wanted the finding of the firearms thrown out because they claimed violation of the 4th. The courts ruled that if there was suspicion a crime had been committed or was about to be committed, then the search was warranted and not a violation of the 4th Amendment. As a result, if an officer has reasonable suspicion of a crime, a search may be warranted. Without reasonable suspicion it is not. I got my cases mixed up, but Terry v. Ohio allows searches with reasonable suspicion of a crime, but without that reasonable suspicion of a crime, a search is still a violation of the 4th. [/QUOTE]
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