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The Range
Law & Order
Video: Citizen is detained for open carry.
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<blockquote data-quote="Michael Brown" data-source="post: 1804206" data-attributes="member: 18"><p>If it's legal, it's legal and I probably wouldn't worry about it.</p><p></p><p>If it's me stopping you then I have a reason other than simply the exposed firearm i.e. section of town as in Illinois vs. Wardlow or Hodari vs. California or behaviors that would create suspicion.</p><p></p><p>Actions that are otherwise legal (i.e. Terry) can still arouse police suspicion.</p><p></p><p>My point is that if someone wants to debate 4th Amendment issues with me, they better know what they're talking about because I do. I won't allow someone to control the conversation during my stop because if I've stopped you, I KNOW I had a legal reason to do so despite what the person being stopped may think.</p><p></p><p>I also don't HAVE to articulate the reason for the stop until I'm ready if I feel that revealing the reason will compromise the effectiveness of the investigation.</p><p></p><p>I will not debate legal issues with someone I've stopped, such as this individual's misunderstanding of the Terry case. I will listen to their point, if they have one to make, but I will not engage in this back and forth like that officer did. That's what courts/IA investigators are for. If someone believes I have done something wrong, I direct them to those resources. I don't worry about either of those because I know I'm correct and on solid legal ground.</p><p></p><p>My guess is that all the things the officer said i.e. public safety concern etc are really a cover for his lack of knowledge in this area. </p><p></p><p>I don't get intimidated by legal issues because I know the rules of the road; This officer was intimidated because he could not effectively articulate his reason for the stop, which he may or may not have been able to justify. </p><p></p><p>I don't ever have to worry about that.</p><p></p><p>Michael Brown</p></blockquote><p></p>
[QUOTE="Michael Brown, post: 1804206, member: 18"] If it's legal, it's legal and I probably wouldn't worry about it. If it's me stopping you then I have a reason other than simply the exposed firearm i.e. section of town as in Illinois vs. Wardlow or Hodari vs. California or behaviors that would create suspicion. Actions that are otherwise legal (i.e. Terry) can still arouse police suspicion. My point is that if someone wants to debate 4th Amendment issues with me, they better know what they're talking about because I do. I won't allow someone to control the conversation during my stop because if I've stopped you, I KNOW I had a legal reason to do so despite what the person being stopped may think. I also don't HAVE to articulate the reason for the stop until I'm ready if I feel that revealing the reason will compromise the effectiveness of the investigation. I will not debate legal issues with someone I've stopped, such as this individual's misunderstanding of the Terry case. I will listen to their point, if they have one to make, but I will not engage in this back and forth like that officer did. That's what courts/IA investigators are for. If someone believes I have done something wrong, I direct them to those resources. I don't worry about either of those because I know I'm correct and on solid legal ground. My guess is that all the things the officer said i.e. public safety concern etc are really a cover for his lack of knowledge in this area. I don't get intimidated by legal issues because I know the rules of the road; This officer was intimidated because he could not effectively articulate his reason for the stop, which he may or may not have been able to justify. I don't ever have to worry about that. Michael Brown [/QUOTE]
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