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Thread: Gun owners’ guide to the 4th Amendment: Stop and Frisk

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    Administrator John Pierce's Avatar
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    Gun owners’ guide to the 4th Amendment: Stop and Frisk

    Gun owners’ guide to the 4th Amendment: Stop and Frisk
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    No warrant is required for a Terry Stop, nor is there a requirement for probable cause such as would be a prerequisite for obtaining a warrant. Rather, a Terry Stop requires only “reasonable suspicion that criminal activity may be afoot.” If the officer wishes to search or “frisk” the person he is seizing, they must also have reasonable suspicion that they “may be armed and presently dangerous” but this is not required to simply seize the person.


    Returning to the issue from the perspective of a law-abiding gun owner, the question I am often asked is whether or not the simple act of openly carrying a properly holstered handgun gives rise to the reasonable suspicion necessary to initiate a Terry Stop. The answer to that question varies somewhat from state to state.


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    Regular Member O2HeN2's Avatar
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    Excellent read, thanks!

    O2
    When seconds count, the police are mere minutes away...
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  3. #3
    Administrator John Pierce's Avatar
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    Thank you guys for taking the time to read it!


    John

    Quote Originally Posted by O2HeN2 View Post
    Excellent read, thanks!

    O2

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    Campaign Veteran since9's Avatar
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    Very good, John!

    Ever thought about writing a book?
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Very well done. This should be required reading.

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