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Does Concealed Gun Give Cops Right to Search You?
- Thread starter GDAWG1958
- Start date
This I would like to some sort of cite for, or at least a court case backing up this statement.
Early on I gave you State vs. Jones and Florida vs. JL. Both these cases combined, state that an officer must have RAS or PC to initiate a Tier II Encounter, and specifically stated by the USSC that there is no 2nd amendment exception.
If an officer, or any authority, can not articulate why you are being stopped or questioned, you have no reason to answer or continue the conversation. You are free to walk away, or just stand there and look at him.
If he turns it into a Tier II Encounter, he better have a good story to tell the judge.
Simply stopping you walking down the sidewalk, to see if you have a GWCL, or to check to see if your watch has been reported stolen, or you have a receipt for the pair of pants your wearing, or to see if you are a legal citizen, is not legal. No RAS, no PC.
There are thousands upon thousands of things you can not do. The Government has deemed them illegal. An officer can not just pick you out at random, and stop to see if you are doing one of these thousands of things. It simply can not happen.
I would like to see a Citation from any court that says any official can stop you any time they want, and check to see if you are doing something illegal.
Plain and simple. No other circumstance. Just a random stop of you, and you only, just to check you out.
Jerry
WOW
I really think you pretty much blew any credibility you had by posting that comment....
Jerry
As with most things like this case law and precedent work better so here's only a few options, readily availablenfromgeorgia packing; just for starters:
http://www.georgiapacking.org/caselaw/gayvstate.htm
^Pat down to verily possession of firearm not illegal
http://www.georgiapacking.org/caselaw/megesivstate.htm
^disarming a citizen not illegal
http://www.georgiapacking.org/caselaw/leevstate.htm
^ burden of proof for CCW is on the carrier
In that case, you'd be right...it would be wrong as the vehicle is an extension of the home...but in a public setting:
LEO: "Afternoon, sir. How are you?"
Me: "fine, sir. Can I help you?"
LEO: "It appears to me that you have a weapon concealed, mind if I see your GWL and licensce?"
Me: "Yeah I do, go pound sand."
It's refusal to co operate as well as thinly veiled hostility...move to Tier II could be justified...just depends on the situation.
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you're right and you're not going to find one...but that's not we're talking about. We're talking about a situation in which a LEO notices an individual with a concealed weapon and decides to initiate a conversation.
I have no disagreement with that. Thanks for the clarification. And as mentioned earlier, I believe by js415, even if I took exception to the request for my permit, the sidewalk or such is no place to "teach" a LEO the law. Taking a simple, even if incorrect, request to a confrontational issue with an armed man is just plain dumb. I'd rather comply now and complain later if I felt it was wrong, that tell a cop to pound sand and let the escalation begin that MAY end up ruining a cops career and putting me in the morgue. Lotta hassle for a simple "Okey dokey".
