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LEOs wetting themselves over OC...

Citizen

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Obviously you haven't spent much time in a police cruiser to see the reaction of people when they see cops. Just pull into a Stop-n-Rob for a cold drink and you can see the cockroaches scatter, only the most pathological criminal can maintain their composure when greeted by LEO, asked "How's it goin'" and the common scum bag goes into a 5 min explanation full of stutterin' and non connected statements and avoiding eye contact, seen it many times.

So when the cop sees you in a store full of people and singles you out for a greeting, he can tell in 2-3 words if you are someone worthy of additional attention, remember in Terry LEO can rely on training and experience to decide if an investigative stop is warranted.

Oh, I'll have to see the quote on that one. There is nothing in Terry that authorizes detaining someone if they get nervous in 2-3 words, or even twelve.

Quote, please. The exact sentences of Terry, please, that authorize a seizure of the person absent RAS just because a person doesn't answer up calmly.
 
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davidmcbeth

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earth's crust
Oh, I'll have to see the quote on that one....Quote, please. The exact sentences of Terry, please, that authorize a seizure of the person absent RAS just because a person doesn't answer up calmly.

Sorry, he is busy in his police car ... the moose outside should have told you. When I give cops the piss off after they try to engage me, they go about their business and leave me alone.
 

DrakeZ07

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Mar 26, 2011
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Lexington, Ky
Are you recovering from a serious head injury? Where I'm at, an IRC [ICR stands for Incident Complaint Report] is filed in house on me each and every time I'm approached and interact with a cop, and can and will be used in attaining search warrants and developing probable cause. Here, an ICR involving a weapon can turn your next traffic stop into a felony take down for "officer safety". All for responding to a cop on a fishing expedition. Not cool when you have kids in the car or a client. Or in front of your peers. Family.
A cop approaching you falls into the same category as Mr. Hand Grenade after the pin has been pulled....he is not your friend. Distance is good.

I have nothing to add to this topic, other than to say I love you, fuller, for the bolded text, and ask your permission to use it in my sig.
 

F350

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Mar 22, 2012
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The High Plains of Wyoming
First off; I spent 9 years as a reserve deputy sheriff riding on patrol with a regular deputy buddy 4-6 nights a week, I have had plenty of time in a cruser.

As to Terry, one must read more than the Wikipedia summery to get the full decision....

He had observed Terry, Chilton, and Katz go through a series of acts, each of them perhaps innocent in itself, but which taken together warranted further investigation. There is nothing unusual in two men standing together on a street corner, perhaps waiting for someone. Nor is there anything suspicious about people [392 U.S. 1, 23] in such circumstances strolling up and down the street, singly or in pairs. Store windows, moreover, are made to be looked in. But the story in quite different where, as here, two men hover about a street corner for an extended period of time, at the end of which it becomes apparent that they are not waiting for anyone or anything; where these men pace alternately along an identical route, pausing to stare in the same store window roughly 24 times; where each completion of this route is followed immediately by a conference between the two men on the corner; where they are joined in one of these conferences by a third man who leaves swiftly; and where the two men finally follow the third and rejoin him a couple of blocks away. It would have been poor police work indeed for an officer of 30 years' experience in the detection of thievery from stores in this same neighborhood to have failed to investigate this behavior further...

And in determining whether the officer acted reasonably in such circumstances, due weight must be given, not to his inchoate and unparticularized suspicion or "hunch," but to the specific reasonable inferences which he is entitled to draw from the facts in light of his experience. Cf. Brinegar v. United States supra...

Each case of this sort will, of course, have to be decided on its own facts. We merely hold today that where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous, where in the course of investigating this behavior he identifies himself as a policeman and makes reasonable inquiries, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others' safety, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him.

here is the cite if you want to read it for yourselves...

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=392&invol=1
 
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Fuller Malarkey

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The Cadre
F350
Regular Member

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Mar 2012
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Colorado Rocky Mountain High
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First off; I spent 9 years as a reserve deputy sheriff riding on patrol with a regular deputy buddy 4-6 nights a week, I have had plenty of time in a cruser.

4-6 nights a week for NINE YEARS....you rode for free with a "buddy".....can you elaborate on the intimacy level you two achieved....NO. Skip it. Never mind.

F350
This user is on your Ignore List.
 

Citizen

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Fairfax Co., VA
First off; I spent 9 years as a reserve deputy sheriff riding on patrol with a regular deputy buddy 4-6 nights a week, I have had plenty of time in a cruser.

As to Terry, one must read more than the Wikipedia summery to get the full decision....



here is the cite if you want to read it for yourselves...

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=392&invol=1


Bwahahahahahahahahaa!! Another cop who selectively quotes or misapplies! As I said, there is nothing in Terry that authorizes seizing a person merely because he doesn't answer calmly. As Terry says, and our former cop carefully omitted to quote, inchoate suspicions (hunches) don't count. (Inchoate means not fully formed.) A thoughtful reading of Terry shows Det. McFadden had numerous indicators that something fishy was going on and a robbery potentionally about to occur. Not just a guy getting nervous when talked to by a cop.

I predict that our cop friend will now start to introduce additional indicators that he didn't mention the first time, or find some other way to start leading us in circles while carefully avoiding the point--that nothing in Terry authorizes a seizure just because a person doesn't answer calmly.

Read the wikipedia case summary, indeed. Gee, I don't know. Do you suppose I collected all the info at the link below without actually reading any of it, and spent five years out-arguing cops on this forum merely by reading the wiki summaries?

Bwhahahahahahahahaahaaaaaa!!


http://forum.opencarry.org/forums/s...-Your-4th-and-5th-Amendment-Resources-Here!!&
 
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OC for ME

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Jan 6, 2010
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White Oak Plantation
Please bear with me, trying to address several points. Thanks in advance.

<snip> if an interested party drives by to confirm that the situation is safe.....If however they drive by and see you brandishing... or leaving a corner store at a high rate of speed... then s/he's also doing his job by detaining you. <snip>
I would hazard a guess, though I have no evidence, that a gangsta would/could chew bubble gum and likely scratches his butt too. Where OC is not made illegal there is no distinction "in the eyes of the law" between chewing bubble gum and OCing. Cops have made a distinction between chewing bubble gum and OCing.

Regarding leaving a corner store at a high rate of speed, on foot or in a vehicle?

If on foot I submit that you are advocating the detainment of any individual who is observed, by LE, leaving a store at a high rate of speed (running) because that citizen must have just robbed that store or why else would that citizen be running from the store. If by vehicle, that individual is very likely violating a traffic law and warrants being stopped for a observed violation/infraction.

<snip> If a curious citizen wants to learn more and the first thing they are greeted with is an endless amount of hatred and near tinfoil hat conspiracy, why should they trust us any more than the officers we want them to distrust? If you want the benefit of the doubt, and to be treated like a non-criminal until you become a criminal, maybe it'd be a good idea to give LEOs the benefit of the doubt and treat them as humans up until they lose that right ("you" being used loosely, not just Lasjayhawk).
Fortunately, under our legal system LE must give us the benefit of the doubt until they have RAS/PC of my illegality. Besides, and depending on the cop, I have the threat of violent physical force hanging over my head if I do not arbitrarily give the "benefit of the doubt" to that cop whether or not he proves that he deserves the benefit of the doubt. Harless?.....Harless?..........Harless?

Being polite and respectful to anyone is not a chore for me, but a healthy and complete distrust of every cop is prudent and every lawyer I have talked to agrees.

By the way, if every top cop publically supported OC and described what OC is and why it is a lawful activity most MWAG calls would not be made. For those that are made, and before a cop is dispatched, the "investigation" could be avoided if the cops did their job correctly.

<snip> I'm talking about police doing their job, so long as that job doesn't interfere with the lives of anyone but those who are breaking the law. <snip> Isn't that their job?
No, it is not their job to investigate lawful behavior. The underlined above is a case of what we want LE to do but the reality is far different of what cops routinely do where OC is concerned.

The job of LE is to investigate crimes that are reported to them by the citizenry. If OC is not a crime the cops must ask just one more teeny tiny question "what is the MWAG doing with that gun?"

<snip> - if there are enough reports from concerned citizens about <chewing bubble gum> I think it's their job to appear. <snip>
OK, "enough" concerned citizens have reported a citizen chewing bubble gum. What is LE's job at this point?

In conclusion.....finally.

It seems that mwaterous is unlikely to return to this thread. So, mwaterous has been "shown" that every cop should be considered a "bad cop" until that cop proves to us that he is not a bad cop.....it is obviously not fair to that cop but my freedom depends on this approach to cops I come in contact without first calling them. The burden is on that cop to prove he is not a bad cop.....so says my lawyer.

There is ample evidence that the vast majority of cops are "good cops" and leave We The People to our own lawful devices. But, until there is a "app for that" to provide a distinction between the good cops and the bad cops upon meeting any cop I'll use the advice I have paid for and even the free advice gleaned from the Interwebs....."DON"T TALK TO COPS!!!!"

Bottom line. A cop has the authority to interrupt your comings and goings, what he does not have is the authority to compel you to reciprocate. To even attempt to compel you to reciprocate places that cop squarely in the "bad cop" category. Heck, even stopping you to begin with places that cop in the "might be a bad cop" category until further investigation results in that cop deserving to be placed in the "good cop" category.
 

carolina guy

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Jun 21, 2012
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Concord, NC
I would even go so far as to say that this is a situation like a priest or a minister committing acts considered a sin in their respective religions..."they should know better."

In my mind, any police officer should be held to a MUCH higher standard than the citizens subject to their authority. I see very little reason to grant them much "understanding" or compassion for errors/omissions/indiscretions in their dealings with non-LEO citizens. The punishment/penalty for their "failures" should be as great, if not greater than the non-LEO citizens.

The law is their stock and trade...the same for legislators, attorneys and judges. Unfortunately, the reality of the world is that citizens are to be controlled.
 

TigerLily

Regular Member
Joined
Apr 8, 2011
Messages
141
Location
Polygammyville, Utah
Gotta love the attitude of the "order maintenance" officers (aka LEO) towards the general public:



Perhaps we could make their "jobs" easier by tattooing all felons with a scarlet "F" on the forehead??

LOL! Am new to Utah. I posted this comment:

I open carry as often as I can. I can't imagine any criminal electing to violate me over another person that is not visibly armed.
 
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