bad_ace
Anti-Saldana Freedom Fighter
Because PC12031 is written vaguely I often wondered if one could be detained indefinitely under it's exemptions and 'authority' given to LEOs.
Example 1: "The Infinite Loop". Take a group of LEOs (6 or so) tasked with keeping the peace at an event. To discourage an OCer from attending or in hopes of being able to have probable cause for arrest they take turns 'e' checking the OCer in a loop until he/she slips up. Each officer checks the OCer, steps aside to give way for a partner to check. Each officer can claim the "authority" under the exemption to check. After all, that second, third, etc. officer hasn't checked the loaded condition. By the time you come around to the 1st officer he/she could claim that the loaded condition could have changes since they last met.
Example 2: "The Pestering Pete". Take one officer with an agenda. To discourage open carry or in the hopes of making an arrest pursuant to PC12031 the officer 'e' checks the OCer. Then the officer glances away or turns away long enough for a reasonable person to load their weapon. Provided the officer did not have clear sight of the person or firearm during that time, one could argue (in court) that the loaded condition could not be attested to.
With that being the case, the officer again has the "authority" to 'e' check. Lather-rise-repeat.
I know some departments have accepted a once a day check or once per officer you come across. Others, once a year. How often is too often. If you ask me, once ever is too often.
I submit for your approval my double 'e' check. Direct download (HD) or YouTube
Example 1: "The Infinite Loop". Take a group of LEOs (6 or so) tasked with keeping the peace at an event. To discourage an OCer from attending or in hopes of being able to have probable cause for arrest they take turns 'e' checking the OCer in a loop until he/she slips up. Each officer checks the OCer, steps aside to give way for a partner to check. Each officer can claim the "authority" under the exemption to check. After all, that second, third, etc. officer hasn't checked the loaded condition. By the time you come around to the 1st officer he/she could claim that the loaded condition could have changes since they last met.
Example 2: "The Pestering Pete". Take one officer with an agenda. To discourage open carry or in the hopes of making an arrest pursuant to PC12031 the officer 'e' checks the OCer. Then the officer glances away or turns away long enough for a reasonable person to load their weapon. Provided the officer did not have clear sight of the person or firearm during that time, one could argue (in court) that the loaded condition could not be attested to.
With that being the case, the officer again has the "authority" to 'e' check. Lather-rise-repeat.
I know some departments have accepted a once a day check or once per officer you come across. Others, once a year. How often is too often. If you ask me, once ever is too often.
I submit for your approval my double 'e' check. Direct download (HD) or YouTube