Failure of Justice yet again

Well, its official, score one for the idiots. The Feds have now set OC rights back with this latest BS ruling.

http://fox17online.com/2015/06/02/grand-rapids-wins-lawsuit-over-open-carry-stop/

http://www.mlive.com/news/grand-rapids/index.ssf/2015/06/judge_backs_grand_rapids_polic.html

Lesson here: Don't sing and carry at the same time. I can see this leading to a flurry of frantic 911 calls anytime an OCer is spotted.

now where is deffert's go-fund me site to push this up the judicial ladder?

ipse

Wow, they went into quite some detail on the handgun and accessories he had.

Surprised they didn't mention the brands of holster and ammo as well.

How does this ruling reconcile with the recent Northrup v Toledo ruling by the 6th Circuit?

Would it not be obvious that the Michigan case will be overturned on appeal?

That's a good point WC. I just did a quick read of that case and yes, it seems almost exactly the same, except for initial confrontation between the LAC and Antigun fruitcake.

In addition, I'm still wondering why the cop in the GR case hasn't been fired yet, due to his putting innocent passersby at great risk by keeping his gun on the suspect even though cars are going between them.

It's a warm comfort to see the system working so well.
I wonder why they didn't just shoot him?

DeSchaine said:

Well, its official, score one for the idiots. The Feds have now set OC rights back with this latest BS ruling.

http://fox17online.com/2015/06/02/grand-rapids-wins-lawsuit-over-open-carry-stop/

http://www.mlive.com/news/grand-rapids/index.ssf/2015/06/judge_backs_grand_rapids_polic.html

Lesson here: Don't sing and carry at the same time. I can see this leading to a flurry of frantic 911 calls anytime an OCer is spotted.

Click to expand...

Another Leonard Embody, it seems.

Act like you're "out there" while OCing and you get stopped. Big surprise.

Link to decision: https://tribwxmi.files.wordpress.com/2015/06/johann-deffert-opinion.pdf

Its not a justice system. Not even close.

Really rights don't exist because cops?

I didn't read the decision, just skimmed it, and a fast skim at that.

It seems to fly in the face of Florida vs JL. (JL was a minor, thus only his initials, not his full name). In that decision, the government argued there should be an exception for guns to the standard Terry stop doctrine. The US Supreme Court expressly declined to make an exception to standard Terry doctrine for guns. Its not in the holding, since the case was more about the reliability of an anonymous tip, but, c'mon, the SCOTUS went out of its way to expressly decline one of the government's arguments.

I guess the community caretaking angle is a new wrinkle, but nobody can credibly fly the argument the cop was "community caretaking" on Deffert's behalf. From the record, its pretty plain he was a criminal suspect, in which case the 4A applies to his seizure.