Mainsail
Regular Member
This is purely for interpretation at this point but is my belief that it could / should be used in the future.
Say you have been Terry stopped for OC'ing and an officer want's to disarm you for "officer safety" now we all know the stop is illegal to begin with ...
Thoughts?
You don't know the stop is illegal. If you match the description of the guy that just robbed the 7-11, the stop is legal and justified. Additionally, you don't know what the officer was told. For example, if someone told 911 that you pulled the gun in a threatening manner, the stop would be legal and justified. The cop may not tell you those things, and isn't required to do so. If he believes the stop is legal for reasons such as that, and you actively resist his attempt to disarm you, expect a world of hurt to come your way- with nothing you can do after the fact. No lawyer is going to take your case to sue the department if the stop is reasonable under such conditions.
Sometimes you fight it on the street, sometimes the battle is better fought later.
On the street, you always ask, "Am I being detained?" If yes, then ask, "For suspicion of what crime are you detaining me?" If no, "Have a nice day officer." and walk away. No discussion, no justification of why you carry, walk away.
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