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Gun owners’ guide to the 4th Amendment: Seizures

John Pierce

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Staff member
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May 5, 2006
Messages
1,777
The modern era of 4th Amendment jurisprudence started in 1968 with the landmark ruling in Terry v. Ohio. Under Terry, a seizure occurs “[o]nly when [an] officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen.”

After Terry, there are three broad categories of allowable “stops”, only one of which is not considered a seizure of the person. These are ...

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Freedom1Man

Regular Member
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Jan 14, 2012
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4,462
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Greater Eastside Washington
However, they also noted that fingerprinting at the scene of a Terry Stop is not necessarily violative of the 4th Amendment.

I would argue the other way. Since that is their claim then I would go to the 5th Amendment because the fingerprints are a forced testimony against one's self.
Now if you were to borrow a friend's car, gun, boat, computer, etc, and it gets stolen shortly after you return it. Then the property is found in a dumpster, pond, garage, etc it gets dusted for prints your prints are found on it and now you will be a suspect and could be charged based on the prints alone. While awaiting a hearing you could be locked up and deprived of life, liberty, property (cops are the biggest bunch of thieves IMHO), etc. Then while waiting for the prosecutor and/or judge to get their thumbs out of their hind ends, you could lose your job, marriage, reputation, life, and more. Even if your friend comes down and tells them that they have the wrong person, you might be be let loose even then. Once tried if you are found not guilty you don't get that time you lost back, you don't get compensated, you don't get to sue you boss for the lost job etc. The government agents just say, "Well I, think you're guilty/ am just doing what I am told/ insert BS line here." Then after that, "Sorry/I'll get you next time/well you won/insert follow up BS here."

This is a slippery slimy slope. I think that the Terry cause should have been over turned and that if the cops don't see anything/don't have a warrant that they need to F off and leave us freedom loving citizens alone.
 

Logan 5

Regular Member
Joined
Apr 16, 2012
Messages
696
Location
Utah
Even a Terry Stop has complications. If you are pulled over and you step out of your car, shut the door and lock it, that has been proven to end the chance for a Terry search because the items in dispute are no longer in easy reach. I forget the case, I'll have to dig it up. A fella had his conviction tossed out and reimbursed for his prison sentence.
IANAL
 
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