Stop And Identify Laws with Open Carry.

[HarperHurst]

Deleted

 

[Herr Heckler Koch]

A demand for name, address and explanation is satisfied orally. Without warrant your papers are protected by the Fourth Amendment from seizure - presumably by your state law too.

 

[HarperHurst]

Hi, now that I have come to think about it, may a LEO also confiscate the handgun, despite the fact that no search is really necessary since it would be openly carried?

 

[Herr Heckler Koch]

Hi, now that I have come to think about it, may a LEO also confiscate the handgun, despite the fact that no search is really necessary since it would be openly carried?

Read Terry v. Ohio https://en.wikipedia.org/wiki/Terry_v._Ohio

What does confiscate mean to you and is it different than seize that is protected by the same Fourth Amendment.

 

[F350]

"A peace officer may stop any person in a public place whom he reasonably suspects of committing, who has committed, or who is about to commit a crime

AND most laws and courts further stipulate he must be able to ARTICULATE those reasonable suspicions RAS. They can't just say "You look suspicious to me"; and doing a legal thing in a place where it is legal to do does not equal RAS. My intention should it ever happen is to respond "Do you have Reasonable Articulateable Suspicion or am I free to go"? Remember they can approach you and ask you to drop your drawers and do a handstand; they can't compel.

 

[Herr Heckler Koch]

My intention should it ever happen is to respond "Do you have Reasonable Articulateable Suspicion or am I free to go"?

Neither must they - cops - debate or even answer or even tell YOU the truth. RAS/PC is between the charging attorney and the court, the victim/perp/citizen doesn't enter in to it.

 

[OC for ME]

Au contraire, mon frère....Wisconsin may be different than Missouri.

Neither must they - cops - debate or even answer or even tell YOU the truth. RAS/PC is between the charging attorney and the court, the victim/perp/citizen doesn't enter in to it.

For detention in Missouri the officer would be ill-advised to not inform you of the reason that he has seized/detained you. For a arrest he must inform you of the crime for which he claims authority to act.

RSMo 544.180. Arrest - An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the officer, under authority of a warrant or otherwise. The officer must inform the defendant by what authority he acts, and must also show the warrant if required.

In any event, it is wise to know the laws for all the relavent aspects of the OCing citizen and LE encounter. I refer to these laws as 'procedural blunders' by LE. Every little mistake is a tick-mark against the officer and his actions being determined legal and tick-marks in your favor in pursuit of the redress of wrongs.

 

[zekester]

At least in Missouri....we should ask..."Why are you restraining me?"....Ref...#2 or #3

http://education.yahoo.com/reference/dictionary/entry/restraint

re·straint (r-strnt)

NOUN:

1) The act of restraining or the condition of being restrained.
2) Loss or abridgment of freedom.
3) An influence that inhibits or restrains; a limitation.
4) An instrument or a means of restraining.
5) Control or repression of feelings; constraint.

 

[F350]

Neither must they - cops - debate or even answer or even tell YOU the truth. RAS/PC is between the charging attorney and the court, the victim/perp/citizen doesn't enter in to it.

So you are saying a cop can snarf me off the street, place me in cuffs, transport me to jail, put me in a cell for an indeterminate period of time and I have no right to know why???? Remind me NEVER to go to Wisconsin!!!!

 

[Herr Heckler Koch]

So you are saying a cop can snarf me off the street, place me in cuffs, transport me to jail, put me in a cell for an indeterminate period of time and I have no right to know why???? Remind me NEVER to go to Wisconsin!!!!

Why, do you have a statute, from your high state, that a cop can't snarf, cuff, stuff you without telling YOU the charges for an indeterminate time?

A cop's responsibilities are to observe, investigate, detain and incarcerate. His superiors recommend charges to the state's attorney who argues them to the indicting judge.