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Michigan important documents

sasha601

Regular Member
Joined
Feb 13, 2010
Messages
338
Location
Rochester Hills, Michigan, USA
Supreme Court Decision Florida V. JL Anonymous tip, or mere possession of a gun is not enough probable cause for a terry stop.

I read the link to this decision. It talks about "anonymous tip" as not a reason to detain. But I did not find anything about "mere possession of a gun" as not a reason to detain. Specifically, I did not read anything in this decision stating that OC is not a basis to detain. Can someone explain?
 

1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
differences.

Supreme Court Decision Florida V. JL Anonymous tip, or mere possession of a gun is not enough probable cause for a terry stop.

I read the link to this decision. It talks about "anonymous tip" as not a reason to detain. But I did not find anything about "mere possession of a gun" as not a reason to detain. Specifically, I did not read anything in this decision stating that OC is not a basis to detain. Can someone explain?

fla. v. j.l. is all about, an anonymous tip is not enough to support a search for
illegal gun, or drugs etc... there is also another case that backs this up ..

terry v. ohio is all about reasonable articulable suspicion for detaining and investigating a crime.
as a side ruling terry also said that, the mere sight of a lawfully holstered firearm
is not reasonable articulable suspicion of a crime, (because that is a lawful activity).
so terry also protects us OCers from being unlawfully detained, "just because were carrying a gun).
 
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DrTodd

Michigan Moderator
Joined
Jun 20, 2008
Messages
3,272
Location
Hudsonville , Michigan, USA
Supreme Court Decision Florida V. JL Anonymous tip, or mere possession of a gun is not enough probable cause for a terry stop.

I read the link to this decision. It talks about "anonymous tip" as not a reason to detain. But I did not find anything about "mere possession of a gun" as not a reason to detain. Specifically, I did not read anything in this decision stating that OC is not a basis to detain. Can someone explain?

My understanding is that you are correct. The operative part is that it was "anonymous". More than likely, if the "tipster" had given name and address and a number where they could be reached, the case would have had a totally different outcome... probably not even making through the preliminary courts. This does not mean that detaining an OCer would be legal... just that this case does not indicate what some here think it does.
There are better cases out there.

See: http://www.examiner.com/gun-rights-...cannot-detain-people-for-openly-carrying-guns

Even more interesting is this case out of Washington... not binding on Michigan in any way but I definately found the court's logic interesting!

http://www.impsec.org/~jhardin/gunstuff/legal/State_v_Casad_(unpublished).pdf
 
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Michigander

Regular Member
Joined
Aug 24, 2007
Messages
4,818
Location
Mulligan's Valley
i am going to try and how much it will cost to put all of the above documents into a small pocket sized spiral bound book.

I have drafted an attempt at an all questions answered book on open carrying in Michigan. It's about 90 pages long, and contains all this information, and then some.

I haven't had much time to play with it since the spring, but it is right now just about good to go, but could use the review of some other legally savvy people, which I'm working on now.

The idea I have in mind is that it could be used to generate funds for law suits if it gets sold at seminars and other places, probably at a cost of 12 or 15 dollars with a profit of 5-10 each. It would also be very possible to modify it into a slimmer little pocket book, even small enough to fit in a pouch on a gun belt if desired. If you would like the job of modifying it to that size after it's done getting reviewed, you're welcome to it if you're in the mood.
 
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