If SPD67 comments were in the context of an officer being called out by his department to investigate...I agree. And I agree that both parties acted poorly in this case.
But independent action by an officer based soley on the apearance of an armed citizen in a jurisdicition that allows for any form of carry needs to be measured and start from the basis of innocent before guilty. Assuming the citizen is otherwise going about his business in a lawful manner.
Even if a permit is required, in an open carry jurisdiction, what is the probable cause to assume that a person with a holstered pistol is commiting a crime? Why would you stop said individual who is otherwise lawfully going about his business in order to ascertain if they have a permit? Do you stop motorists without cause to see if they have a driver's license and insurance?
