Repeater
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imported post
From FourthAmendment.com:
Officer was justified stopping a man in a suit with a gun in a holster walking toward an "important public building." That man was a criminal defense lawyer. This is what Terry is for. The officer also did not violate the lawyer's rights by pointing a gun at him. Schubert v. City of Springfield, 2009 U.S. App. LEXIS 28251 (1st Cir. December 23, 2009):
From FourthAmendment.com:
Officer was justified stopping a man in a suit with a gun in a holster walking toward an "important public building." That man was a criminal defense lawyer. This is what Terry is for. The officer also did not violate the lawyer's rights by pointing a gun at him. Schubert v. City of Springfield, 2009 U.S. App. LEXIS 28251 (1st Cir. December 23, 2009):
. . . The fact remains, however, that the officer saw a man carrying a gun in a high-crime area, walking toward an important public building.
Schubert contends that his clothing, his age, and the fact that he was carrying a briefcase are factors that should undercut the reasonableness of Stern's suspicion. We are not persuaded. A Terry stop is intended for just such a situation, where the officer has a reasonable concern about potential criminal activity based on his "on-the-spot observations," and where immediate action is required to ensure that any criminal activity is stopped or prevented. Terry, 392 U.S. at 20. We need not outline in detail the obvious and potentially horrific events that could have transpired had an officer noted a man walking toward the courthouse with a gun and chosen not to intervene.
Schubert contends that his clothing, his age, and the fact that he was carrying a briefcase are factors that should undercut the reasonableness of Stern's suspicion. We are not persuaded. A Terry stop is intended for just such a situation, where the officer has a reasonable concern about potential criminal activity based on his "on-the-spot observations," and where immediate action is required to ensure that any criminal activity is stopped or prevented. Terry, 392 U.S. at 20. We need not outline in detail the obvious and potentially horrific events that could have transpired had an officer noted a man walking toward the courthouse with a gun and chosen not to intervene.