imported post
(In an OC State)
Cop is responding to 911 call "Man with a gun". Tells you to halt and starts going through the "we need to investigate this" bs. You ask why you're being detained and he says "we got a call, man with a gun". You ask him have they had a report of the gun being used illegally and do they suspect you of a being involved in a crime, etc. He begins to give you the usual "I'm calling it in to see if there has been any crime committed here", "they don't know yet", etc.
Since Terry states: "... in justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the intrusion."
and
(US vs. Weking) states: "An investigatory detention is "justified at its inception" if "the specific and
articulable facts and rational inferences drawn from those facts give rise to a reasonable suspicion
a person has or is committing a crime,""
and we know the sates have stated that open carry is not grounds for reasonable suspicion.
So....
You politely explain to the officer(s) that by their own admission they are unaware of any crime being committed and are now simply researching law. You inform them that since they have no reasonable suspicion that you'll be leaving now and to have a nice day. As you begin to walk away they tell you to stop, you again go through the reasonable suspicion routine and tell them that you are not interested in waiting for them to research law that they should already know. You politely tell them that you refuse to be illegally detained but if they are going to illegally arrest you that you will peacefully comply and not resist them, otherwise you're going home.
Cop arrests you.
Since we know they have no prob suspicion then they cannot manufacture prob cause and you now have false arrest, 4th amendment, and possible battery as they will more than likely take you to the ground.
Any thoughts?
(In an OC State)
Cop is responding to 911 call "Man with a gun". Tells you to halt and starts going through the "we need to investigate this" bs. You ask why you're being detained and he says "we got a call, man with a gun". You ask him have they had a report of the gun being used illegally and do they suspect you of a being involved in a crime, etc. He begins to give you the usual "I'm calling it in to see if there has been any crime committed here", "they don't know yet", etc.
Since Terry states: "... in justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the intrusion."
and
(US vs. Weking) states: "An investigatory detention is "justified at its inception" if "the specific and
articulable facts and rational inferences drawn from those facts give rise to a reasonable suspicion
a person has or is committing a crime,""
and we know the sates have stated that open carry is not grounds for reasonable suspicion.
So....
You politely explain to the officer(s) that by their own admission they are unaware of any crime being committed and are now simply researching law. You inform them that since they have no reasonable suspicion that you'll be leaving now and to have a nice day. As you begin to walk away they tell you to stop, you again go through the reasonable suspicion routine and tell them that you are not interested in waiting for them to research law that they should already know. You politely tell them that you refuse to be illegally detained but if they are going to illegally arrest you that you will peacefully comply and not resist them, otherwise you're going home.
Cop arrests you.
Since we know they have no prob suspicion then they cannot manufacture prob cause and you now have false arrest, 4th amendment, and possible battery as they will more than likely take you to the ground.
Any thoughts?