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Thread: Orange County Sheriff Department Internal Memo

  1. #1
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    Here isan internal memo sent to all departments within the Orange County Sheriff's Department describe the Open Carry movement.

  2. #2
    Regular Member mjones's Avatar
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    inetprez wrote:
    Here isan internal memo sent to all departments within the Orange County Sheriff's Department describe the Open Carry movement.
    You duped your own post

    http://opencarry.mywowbb.com/view_to...394153#p394153

  3. #3
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    Thanks...I tired to delete the old one because I think this is a better location for the post.

  4. #4
    Anti-Saldana Freedom Fighter
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    This one seems like a copy/paste from other memos. Still rather benign.

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    Interesting, it say's in the memo that they are allowed to check your id to see whether you are of age to legally carry a firearm. They also site a case.



    Can any forum veterans comment on this please?

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    Interesting, it say's in the memo that they are allowed to check your id to see whether you are of age to legally carry a firearm. They also site a case.



    Can any forum veterans comment on this please?

  7. #7
    Regular Member demnogis's Avatar
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    There is nothing in Arizona V. Hicks (1987) that gives Law Enforcement the authority to demand [physical] ID from a pedestrian who is in possession of a firearm.

    http://caselaw.lp.findlaw.com/script...&invol=321

    Hiibel V. Sixth Judicial District upheld that states' "Stop and Identify" laws are not unconstitutional. California currently does not have a "Stop and Identify" statute.

    AFAIK you're only required to identify yourself if you are suspect in a criminal investigation, but I cannot find a law requiring so.

    The only thing applicable is Terry v. Ohio. From Wikipedia:

    Terry v. Ohio, 392 U.S. 1 (1968), was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and searches him without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime.

    For their own protection, police may perform a quick surface search of the person’s outer clothing for weapons if they have reasonable suspicion that the person stopped is armed. This reasonable suspicion must be based on “specific and articulable facts” and not merely upon an officer's hunch. This permitted police action has subsequently been referred to in short as a “stop and frisk”, or simply a “Terry stop”. The Terry standard was later extended to temporary detentions of persons in vehicles, known as traffic stops.

    The rationale behind the Supreme Court decision revolves around the understanding that, as the opinion notes, “the exclusionary rule has its limitations”. The meaning of the rule is to protect persons from unreasonable searches and seizures aimed at gathering evidence, not searches and seizures for other purposes (like prevention of crime or personal protection of police officers).
    http://caselaw.lp.findlaw.com/script...92&invol=1

    Of course, this is only applies when "the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime."
    Gun control isn't about guns -- it is about control.

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    Gosh dammit, I got all excited and then realized I was duped! DAMMIT!



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