Quote:
Originally Posted by NeBlis
Now your going to say that "plain view rules" negate all that since the gun was open carry or that the officer had a reasonable suspicion of criminal activity.
You gonna be wrong, if the guy were up to no good the pistol would have been concealed, or he would have opened fire right away while he had the drop on officer friendly.
No, I'm gonna say, while I agree personally with that argument, you know it's dead in court as well as I do. It doesn't meet the reasonable officer standard of Graham V Conner (Yes, disarming a compliant individual does fall under Use of Force), a reasonable officer is going to believe hes probably carrying loaded, based on demeanor. Because of that, Terry v Ohio and Arizona V Johnson take over. Remember, we don't have to make an arrest, or even find a crime in Terry. All we have to do is articulate reasonable suspicion that the person
A)May have committed a crime
B)May be armed.
In our situation, using the Graham v Conner reasonable man standard, we've got both A and B rolled up into one sexy ball of hot crimelove.
Quote:
Originally Posted by NeBlis
Open Carry people are sometimes annoying and yeah the cop had to respond to the MWG still no reason for him to violate the 4th IMO
should have gone down like this:
after cop approaches from a tactically sound position instead of jumping out of his cruiser like hes running into the donut shop.
Officer Friendly: "Sir keep your hands where I can see them and away from the weapon"
OC tard: OK
OF: Sir we have been receiving calls about a man with a gun, do you intend anyone harm today?
OC: No sir I am just walking down the street, am I being detained?
OF: No I just wanted to check you out, and ask you nicely to consider your environment, I am not afraid of you or your gun but many people are. Its your right but maybe next time use more digression.
OC: am I free to go?
OF: Yes but realize that this is CA people here a ****ing ******ed and scared of guns, also Ronald Reagan and a buch of racists made carrying loaded guns illegal because they were scared of negros, you might as well open carry a hammer if your going to tote that thing like that.
OC: yabut I am exercising my rights and obeying the law.
OF: yes but the law made you a helpless target, have a nice day and be safe.
I agree with you about most of this, although there's no need to bash Americas greatest leader in your little speech.
I also agree about the tactics, use of cover, approach etc, but no one wants to hear about officer safety here haha.