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Thread: from dt marshal

  1. #1
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    in response to:


  2. #2
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    So basically he is saying that the fact that you are OC'ing is probable cause to take your weapon and run you through the system... and he takes that position after clearly saying that he is aware that the act of OC'ing is not a crime... am I missing something here?

  3. #3
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    no, what he is saying is that if some whack job calls the police, and it's in his jurisdiction, that the responding officer has a duty to ensure that the person that is oc'ing isn't a career criminal. at some point the responding officer has to appear to be diffusing the situation. they have to conduct some sort of interview to appease both the legally oc'ing person and the person that made the 911 call

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    Whenever an officer is dispatched, a report has to be filled out and he has to put something on the report. Also the person who called 911 usually is given the option to have the officer report back his findings. So he is gonna have to talk to you and do something.

    To me, this is enough backing to start being a little more bold about OC. After they get enough calls, the officers will eventually push "man with a gun in a holster just walking around" to the bottom of the response list.

  5. #5
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    Wow, arolfsen! Thank you for posting this letter.

    By the way, I'm a newcomer to OC in general...what happened to the opencarryalabama website?


  6. #6
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    Daddyo wrote:
    Whenever an officer is dispatched, a report has to be filled out and he has to put something on the report. Also the person who called 911 usually is given the option to have the officer report back his findings. So he is gonna have to talk to you and do something.

    To me, this is enough backing to start being a little more bold about OC. After they get enough calls, the officers will eventually push "man with a gun in a holster just walking around" to the bottom of the response list.
    i carry the letter with me when i do.

  7. #7
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    Weeellll... I'd comply with an officer in these circumstances. I would, however, do a FOIA (well, it's not called that in Alabama but you know what I mean) request and get the information related to the incident. If the officer didn't have RAS or PC to stop and check me out, then I would file a case in federal court against the department.

    The fact is, the police can't legally stop you just to check if you are a felon. They probably figure that most people won't pursue legal action.

  8. #8
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    if they recieve a call about a man with a gun, they sure as hell can.

  9. #9
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    arolfsen wrote:
    if they recieve a call about a man with a gun, they sure as hell can.
    Depends. Mere possession of a firearm is not RAS or PC that a crime has been, currently is, or will be committed. Other circumstances would need to be articulated. The call itself is really irrelevant unless the caller has said the person was doing something actually illegal.

    As I said before: You'd have to look over the documents submitted by the cops and see if they did, in fact, have RAC or PC. You see... there is this pesky little thing called the 4th... But no, just because they stop you doesn't mean they have violated the law. It would require looking at all the circumstances surrounding the incident.

  10. #10
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    the only time i would stress it was if i got hooked up and taken down town.

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