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Where is the reasonable suspicion??

rmodel65

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http://waronguns.blogspot.com/2008/12/wheres-reasonable-suspicion-of-crime.html




Friday, December 19, 2008 Where's the Reasonable Suspicion of a Crime? From Ed Stone:
David,

Please read this police report about an arrest of a person openly carrying a pistol for obstruction for refusing to identify himself and tell me what reasonable suspicion of a crime existing to detain this man and force him to identify himself.

This is not an incident I have previously reported to you, as it just happened. This is the same jurisdiction I wrote this letter and with which we have had other issues. Think they have it out for our members?

http://i44.photobucket.com/albums/f4/rmodel65/IMG_0001-1.jpg

http://i44.photobucket.com/albums/f4/rmodel65/IMG-6.jpg

http://i44.photobucket.com/albums/f4/rmodel65/IMG_0002-1.jpg

What is in the water down there?

ED
http://waronguns.blogspot.com/2008/12/wheres-reasonable-suspicion-of-crime.html
 

Fallschirjmäger

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Just a few things that jumped out at me.....





"...Mr. Belt was advised that by Ofc. Scott hat(sic) we were invesitgating the reported weaons incident and that he..... should ..... show ID when requested by law enforcement officers..."
An officer is certainly allowed to request ID; he's also entitled to request that you tell him the time of day, who won the ballgame last night, or if his uniform makes his ass look fat. Requesting is not requiring. You are required to obey laws and ordinances, not requested to obey them.


"...I also asked Mr, Belt to show his ID..."
Same as above, he could have asked Mr Belt to tighten his belt a notch just as easily.

"...I informed Mr Belt that he was required by law to produce his ID when asked by law enforcement ...."
Ahhh, now it's a Requirement. I had always thought there were certain conditions where an Officer could demand identification and that even then the Supreme Court had ruled that one was properly identifed by stating one's true name. Georgia not requires one to carry State Issued Identification 24 hours a day, 7 days a week, 365 days a year should the circumstance arise that law enforcement requests to see it?
Could a brotha get a cite please?


"... since he refused to produce his ID or he was under arrest...."
I'm not quite sure how to read this but I guess it was stated as '...since you have refused to show me your state issued identification as required under Ga Code xx-xx-xxx, I'm placing you under arrest for violating that GA Code section."

Hmmmm... he was being detained for suspicion of having recently committing, or presently committing, or being about to commit a 'weapons incident' but because no crime was being committed he is arrested for refusing to produce ID in violation of GA Code .......
16-9-4 False or forged identification
16-9-121 Identify fraud or theft
16-9-122 Identify theft - Conspiracy/Attempt
16-9-126 Identity theft, Penalties
...or, none of the above?




"... up until that time we had no idea who we were dealing with and we had tried to explain to Mr Belt that we had to be sure he was not a convicted felon carrying a gun..."

How about...
"... we stopped Mr Belt as he was walking down the sidewalk with evidence of an MP3 player in his pocket because we had no idea who we were dealing with and we felt we had to be sure he was not a burglar with a stolen MP3 player in his pocket"

"... we stopped Mr Belt, who was driving down the road and comitting no traffic infractions, because we had no idea who he was and we had to be sure he was not under a court ordered suspension of his driving privleges."

"... we stopped Mr Belt who was walking with an obviously underage female accompanying him because we had no idea who we were dealing with and we had to be sure he was not schtupping an underage girl. Obviously, we were surprised to find out the girl was his daughter, our bad."


More evidence that performing a perfectly legal act is somehow indicative of performing an illegal one, I guess.:banghead:
 

diesel556

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rmodel65 wrote:
you should see the posts at defensivecarry.com :banghead:
http://www.defensivecarry.com/vbulletin/open-carry-issues-discussions/64488-another-ga-oc-incident.html

I just finished all 23 pages. A few observations of the conversation:
  • Use of ad hominem arguments.
  • Misdirection (constantly arguing that parking lots are not public, that RAS is not necessary for a "field investigation", or that concealed carry requires display of ID even though the situation at hand is OPEN CARRY especially when the only charges are for Obstruction of Justic).
  • Belief that states should legislate a requirement to carry, and display identification papers upon demand (because you shouldn't have anything to hide).
Thank goodness for Al Lowe's level headed responses to the troublemaker's over there, and rmodel's continuing resistance to their methods.

ETA: Grammar
 

no carry permit ?

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The level of ignorance of basic law and the constitution (2nd & 4th amendments) over there is amazingly sad.

One fool actually said there is a Federal Law that you must present ID on the demand of any law enforcement officer. :banghead:


These guys are supposed to be on our side ?
Sounds like a Handgun control INC ladies luncheon over on that board.
 

rmodel65

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I keep replying :p doesnt do any good maybe ill just post once they have been disproved :celebrate
 

Jim675

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I just read the whole thread. First off - good luck to your brother.

Secondly - good luck with that forum. The Reagan quote: "The trouble with our liberal friends is not that they are ignorant, but that they know so much that isn't so." comes to mind.

The citations and explanations of RAS, Terry, Constitutional protections, incorporation, etc. were consistently met with "yeah but we said our opinion a lot of times so it must be correct".
 

UtahRSO

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OK, I just read the DefensiveCarry.com posts. I'm amazed at those posters who think you have an obligation to give up your 4th, 5th, and 14th Amendment rights so that you don't make waves.
 

diesel556

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no carry permit ? wrote:
These guys are supposed to be on our side ?
Sounds like a Handgun control INC ladies luncheon over on that board.
The most vocal opponent over there actually owns a gun store. Suprise, surprise, but he doesn't allow customers to open carry in his store either as he feels they are incompetent until he has personally judged them otherwise.

Biased much?

The thread is below. Unfortunately I courteously responded to his ad hominem attacks (apparently he uses them in all his threads), which brought the discussion to a halt:

http://www.defensivecarry.com/vbulletin/open-carry-issues-discussions/61533-oc-gun-shop.html

Edit: Fixed link
 

KBCraig

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I'll summarize the prevailing sentiment at defensivecarry.com, just so no one else has to wade through all 23 (so far) pages:

"Dammit Rosa, just sit in the back of the bus! You're stirring up trouble! You're gonna ruin it for the rest of us!"
 

no carry permit ?

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diesel556 wrote:
no carry permit ? wrote:
These guys are supposed to be on our side ?
Sounds like a Handgun control INC ladies luncheon over on that board.
The most vocal opponent over there actually owns a gun store. Suprise Suprise Suprise.

Biased much?

The thread is below. Unfortunately hominemhominem responded to hominemhominem attacks (apparently he uses them in all his threads), which brought the discussion to a halt:

http://www.defensivecarry.com/vbulletin/open-carry-issues-discussions/61533-oc-gun-shop.html

Edit: Fixed link
He owns a gun store ? LOL, totally amazing ! Although I have met more than a few anti-open carry & even a few anti-concealed weapon permit types, that own or work in gun stores. The ex-law enforcement types that retire and open gun shops are the worst (from my experience) . They tend to make better tyrants then enterperneurs , and often end up selling or closing the business (GEE I wonder why ).

A gun store owner that supports some gun control measures really isn't that uncommon. The gun store owners that are "pro -police" to the point of anti-US constition are even more common.You just won't catch me dealing with them.
 

diesel556

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Lol, can you add some spaces in between the "surprisesurprise" so that the text will wrap properly?

And +1 to your assessment. I'm starting to learn that just because ones business depends on guns and gun owners, doesn't mean that such a person necessarily likes or even respects either the guns or their owners.
 

suntzu

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So what has become of this case? Were charges dropped? Has the individual who was arrested decided to file suit yet?
 

rmodel65

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We havent heard, when he was bonded out they said he would be mailed the info about the court day etc.
 

wrightme

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no carry permit ? wrote:
diesel556 wrote:
no carry permit ? wrote:
These guys are supposed to be on our side ?
Sounds like a Handgun control INC ladies luncheon over on that board.
The most vocal opponent over there actually owns a gun store. SupriseSuprise, surprise, but he doesn't allUnfortunatelyhominemhominemin his store ehominemhominemels they are incompetent until he has personally judged them otherwise.

Biased much?

The thread is below. Unfortunatelyhominemhominem responded to hominemhominem attacks (apparently he uses them in all his threads), which brought the discussion to a halt:

http://www.defensivecarry.com/vbulletin/open-carry-issues-discussions/61533-oc-gun-shop.html

Edit: Fixed link
them.
Please fix your "surprisesurprise" in the quoted text......
 
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