All The Open Carry Folks wanted a court decision......

[reddog1]

I find the use of tweener text speak in this thread troubling.

lmao... INBD

 

[hrdware]

You didn't get cases mixed up; You just haven't read any of them. You have done a minimal amount of internet research and are now offering definitive opinions.

When you don't know what you're talking about, the best thing to do is not to post.

If you don't know what you are talking about and choose to post anyway and prove you're talking out of your ass, the best thing to do is simply accept your error, learn from your mistake and move on. Don't try to mitigate your error.

Terry doesn't deal with "searches". It deals specifically and narrowly with patdowns of the exterior clothing that may or may not include an arrest based on suspicion of a crime that may include the use of a weapon. A stop of an open carrier is not judged under the Terry standard since the subject is known to be armed not suspected of such as would be the case in a Terry stop.

As Mons Meg stated, this case will not affect the Terry standards and will likely not alter the premise of the state law.

If there is language in Terry v. Ohio that will be applied to detention of open carriers, it will likely be the portion I quoted as supported by the decision in the original post.

Michael Brown

I was not trying to equate Terry with searches, I was trying to equate it with RAS which was evident thereby making the patdown allowable and the concealed firearms allowed as evidence.

 

[Popjim]

Beauty fades, DUMB is forever!

 

[mons meg]

As Mons Meg stated, this case will not affect the Terry standards and will likely not alter the premise of the state law.

Thanks, Mike. I am not a lawyer, but I did hunt one down once and ate his heart to take his power.

 

[68mustang]

I think the best thing to do is use reasonable judgement. A PO is just trying to do his job, if he stops you and asks for your permit maybe you should comply on the basis of respect for a LEO. Then after you comply, inform him that he doesn't have a right to ask you without reasonable cause and explain why. Do you really wanna go through a court proceeding just to prove a point?

Maybe that's why some LEO's are not so keen on allowing open carry. How is a cop to tell a legal carry and illegal carry without making contact? I'm sure he doesn't want to go through the paper work and arrest of an actual citizen carrying illegally anyways.

 

[MLR]

I think the best thing to do is use reasonable judgement. A PO is just trying to do his job, if he stops you and asks for your permit maybe you should comply on the basis of respect for a LEO. Then after you comply, inform him that he doesn't have a right to ask you without reasonable cause and explain why. Do you really wanna go through a court proceeding just to prove a point?

Maybe that's why some LEO's are not so keen on allowing open carry. How is a cop to tell a legal carry and illegal carry without making contact? I'm sure he doesn't want to go through the paper work and arrest of an actual citizen carrying illegally anyways.

The same way he can tell if you are driving down the street with a couple bags of cement in your trunk or if your actually carrying a trunk full of cocaine I suppose.

Michael

 

[68mustang]

The same way he can tell if you are driving down the street with a couple bags of cement in your trunk or if your actually carrying a trunk full of cocaine I suppose.

Michael

Ok, what if it was a truck with stacks of "white powdery substance" in full view. Should he assume it's cocaine or sugar?