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LegalAcidity
| Favorite team: | Alabama  |
| Location: | |
| Biography: | |
| Interests: | |
| Occupation: | |
| Number of Posts: | 4 |
| Registered on: | 6/10/2012 |
| Online Status: | Not Online |
Recent Posts
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re: Guy stopped in Portland for open carrying
Posted by LegalAcidity on 6/25/12 at 1:22 pm to FelicianaTigerfan
Don't get me wrong--I'm pro-LE. VERY pro-LE.
But, acting like some of the things some officers try to do, that it's no big deal, they're being proactive, etc., doesn't do any good from a legal standpoint and leads to poorer police work.
Do it the right way every time and there are no foul-ups that cause some perp to walk free.
But, acting like some of the things some officers try to do, that it's no big deal, they're being proactive, etc., doesn't do any good from a legal standpoint and leads to poorer police work.
Do it the right way every time and there are no foul-ups that cause some perp to walk free.
2
re: Guy stopped in Portland for open carrying
Posted by LegalAcidity on 6/25/12 at 1:20 pm to FelicianaTigerfan
quote:
You say you were pulled over for bull shite reasons? Did you actually commit a traffic violation? I just don't get what people have against police officers being proactive.
The problem I have with it is that those types of actions are NOT legal!! It's not a matter of having something "against" proactive officers; it's that in most situations, the proactive police officer steps all over the Constitution in being proactive.
re: Guy stopped in Portland for open carrying
Posted by LegalAcidity on 6/25/12 at 1:18 pm to Who Me
quote:
We will just have to disagree. I do believe the courts would side with the officer in the incident on the video.
Actually, no, they would not. There are plenty of appellate court decisions that clearly state that what the officer did would be a violation of that guy's Fourth Amendment rights.
re: Guy stopped in Portland for open carrying
Posted by LegalAcidity on 6/25/12 at 1:15 pm to Wooly
quote:
no, but understand that the cops will get called on you, and do go off spitting some legal talk, just let the cops do their job, and you will get your gun back and be on your way.
I completely disagree. If the police are doing something that isn't allowed by law, we as citizens are clearly within our rights to notify the officer of the fact that he is breaking the law.
The officer had no right whatsoever to detain the guy in the video or take his firearm from him. The officer could have handled the situation differently and just approached to have a conversation with the gun carryer and perhaps assuaged his concerns that way. Instead, he just stops the guy and takes his gun (over objection).
The courts have been very clear on this issue: the cop can approach and talk and ask questions and as long as the person approaches thinks they are free to leave, the Fourth Amendment doesn't attach. Once things start getting seized, those rights attach.
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