Jizzzle
Regular Member
imported post
deputies or DPS?
deputies or DPS?
See U.S. v Dudley---where the United States Supreme Court ruled that in a state which allows the open carry of firearms there is no probable cause to approach someone on the basis of his/her carrying a firearm.
Thanks for this.... although I am having a devil of a time finding this case. Do you have a link ?See U.S. v Dudley---where the United States Supreme Court ruled that in a state which allows the open carry of firearms there is no probable cause to approach someone on the basis of his/her carrying a firearm.
This case is one of two convicted felons who had their car searched because someone saw a firearm in their vehicle.They were in possession of NFA wepons as well as common firearms.The whole case was tossed out because there was no PC to approach them.
Get a copy of this and keep it with you.And you might senda copyto the chief as well.He will be very surprised to see this.
deputies or DPS?
para_org wrote:He can't stop you from sending it to his boss. I would send it all to the sheriff and voice your concerns there. You can also write a letter to the editor of the local or state papers about this and explain that OC is legal in NM and mention in passing some of the problems you have with this County SD with the Sheriff's email address.Well here's an update. I got a call this afternoon from the Chief Deputy. And he told me that he was the one to speak to the deputy that I had my "incident" with.
The call was about 30 minutes wherein I learned the following;
- The officer was NOT disciplined for any infractions. The "chief" felt that while his deputy did not handle things well, he had not broken any rules as the "chief" encourages his deputies to be "curious". And my "carrying a handgun" was a good enough cause to approach me because it certainly was unusual.
- I asked about whether the deputy had been able to articulate a reasonable suspicion to his superior. I was told that he had done so, but the "chief" was not able to articulate any such details to me. I was told by the "chief" that he simply could not recall what those may have been, but that they were sufficient.
- I was further informed that both the "chief" and his deputy were fully aware of the laws in New Mexico and that it was merely my opinion that seeing someone with a holstered weapon was NOT sufficient as a "reasonable cause of suspicion of criminal behavior".
- The "chief" also told me that a formal/official complaint would NOT be kept on file past a year or so. They do NOT keep these.
- I was told that deputy that I "met" on Monday was just trying to be sure that I was properly trained to carry a firearm and that was why my concealed carry permit was demanded.
- The last question I asked was what I could do to prevent raising this or any deputies suspicions relative to being demanded id and so forth when I go about my personal business while open carrying. I was told "nothing".
I am going to refrain discussing any personal thoughts about all of this, at least for the time being, but ya' all please feel free to make your own thoughts known with comments !!
*** P.S. The "chief" also told me that he did NOT want me to send him ANY information about state law or whether carrying a holstered gun was considered "reasonable suspicion...", as he already knew "everything" he needed to know about this. He again was specific that all of this amounted to "opinions".
He also reiterated this when I asked if he wanted me to send him court rulings or sheriff association documents.
However YOU guys and gals are certainly free to do so yourselves !!