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Looking for an AG opinion letter on OC and probable cause

ProShooter

Regular Member
Joined
Mar 23, 2008
Messages
4,663
Location
www.ProactiveShooters.com, Richmond, Va., , USA
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A student asked me for and for some reason I cannot find; a letter from the Attorney General on whether or not an officer has probable cause to stop and detail someone simply for openly carrying. I know that I've read the letter but for the life of me I cannot find it on the VCDL site.

Anyone have a link?
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
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Considering I suffer from CRS..this may or may not be right, but, do a search for Marsha Garst, Commonwealths Attorney for Rockingham County.
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
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Most historic town in, Virginia, USA
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From the 11/05/06 VA-ALERT we have this letter to the editor from a police officer... Not an AG opinion, but the officer does state what you're looking for.

TFred


************************************************************
13. Police officer tells 'Newsleader' they are unprofessional when it comes to guns
************************************************************

One of VCDL's law enforcement members speaks out:

--

As one who has worked as a law enforcement officer in this state, I was offended by your article against VCDL. Your staff involved in this article should be fired for such unprofessional journalism.

People across this state & nation enjoy the right to open-carry a firearm, as well as conceal when properly permitted. This Wild West mentality is an image in your own mind. The law abiding do NOT commit crimes, and criminals will not open carry.

As an officer, it is perfectly legal (and a requirement) to answer a complaint and ask a few questions to assure no crime is/has been committed. Once the officer finds out that the person is peacefully minding their own business, that call is over. There is no need to ID the person or do anything else unless the officer has probable cause. Not liking people that open carry is NOT probable cause!

Since when did your' interpretation of the law make any difference? What test of community standards' are there? Did you just make this up?? We are a nation of laws, and with that come the responsibility to uphold those laws, including police officers. Our Commonwealth of Virginia Constitution Section 13 states in part "That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed"

I am one of the MANY from law enforcement that is also a proud member of VCDL. I, like the rest of our membership, use our legal ability to hold public officials' feet to the fire & make them uphold the law. This includes law enforcement & governing bodies that don't know, misapply or abuse the law.

If these so-called journalist' wish to live in a fascist society, I'll gladly give them one way tickets to such a place.

Mark Matthews
 

kaiheitai17

Founder's Club Member
Joined
Feb 18, 2007
Messages
619
Location
Islamabad, Pakistan
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I recall from several years ago, the two students who were arrested in Fairfax county for open carry. Weren't those charges dropped or the students acquitted because the determination was that there had been no probable cause or crime committed?

Just mentioning this in case it is a lead on the ruling/opinion ythat ou may be looking for.
 
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