What's that case?

JamesB · Jul 2, 2012

My brain is a little fuzzy after class today apearently.

I'm trying to come up with the case that said "mere presence of a firearm, in and of itself does not constitute probable cause."

that's not exactly it but it's close and I cant even get google to cooperate.

Anyone know which one I'm trying to think of?

M-Taliesin · Jul 2, 2012

JamesB said:
My brain is a little fuzzy after class today apearently.

I'm trying to come up with the case that said "mere presence of a firearm, in and of itself does not constitute probable cause."

that's not exactly it but it's close and I cant even get google to cooperate.

Anyone know which one I'm trying to think of?

Howdy Pard!
I believe this is what you are looking for:
St. John v. Alamogordo Public Safety

Blessings,
M-Taliesin

JamesB · Jul 2, 2012

That's the one.

Thanks M-T.

M-Taliesin · Jul 3, 2012

JamesB said:
That's the one.

Thanks M-T.

Howdy Pard!
Hadda be either that or Terry v. Ohio, but Terry was more about cops detaining a citizen without RAS.

Blessings,
M-Taliesin

JamesB · Jul 3, 2012

M-Taliesin said:
Howdy Pard!
Hadda be either that or Terry v. Ohio, but Terry was more about cops detaining a citizen without RAS.

Blessings,
M-Taliesin

Mmmm no. Well kinda. Terry was about detainment without Probable Cause. The court then created the term RAS to justify a "Terry" stop.

but the case you provided was the one i was searching for in my muddled little noggin, and the quote that I was looking for is on the bottom of page 7.
(for anyone else who would like to follow along): http://www.impsec.org/~jhardin/gunstuff/legal/St.John v Alamogordo Police Order.pdf

That will go good in class today.

LoneEchoWolf · Jul 3, 2012

M-Taliesin said:
Howdy Pard!
I believe this is what you are looking for:
St. John v. Alamogordo Public Safety

Blessings,
M-Taliesin

I've read that a few times, now once more, its a good educational read everytime i re read it.

Beau · Jul 3, 2012

That sure was a good read. Thanks for bringing it up.

since9 · Jul 4, 2012

Judge Black did a bang-up job on this case, didn't he? I wish he'd rendered judgement at a much higher level. Regardless, it's likely it'll be used as precedence for any higher case.

LoneEchoWolf · Jul 4, 2012

What else i found is a pretty good read is the oral arguments of Terry v. Ohio http://www.soc.umn.edu/~samaha/cases/terry_v_ohio_oral_arguments.htm Check it out if you want, i found it pretty intresting.

JamesB · Jul 4, 2012

LoneEchoWolf said:
What else i found is a pretty good read is the oral arguments of Terry v. Ohio http://www.soc.umn.edu/~samaha/cases/terry_v_ohio_oral_arguments.htm Check it out if you want, i found it pretty intresting.

now, go back and re-read them and see if anything changes when you think of Terry as a black man.

LoneEchoWolf · Jul 4, 2012

JamesB said:
now, go back and re-read them and see if anything changes when you think of Terry as a black man.

It actully say that in there, what gets me is a couple things the LEO said, The police officer testified further with reference to questions propounded to him having to bear on the question of probable cause. We asked him, “Did you know any of these men?” “No.” “Had you ever seen any of these men previously?” “No.” “Had anyone given you any information regarding them?” “No.”

He was then asked what had attracted his attention to them. He said, “Well, to tell the truth, I didn’t like them. And I was attracted to their actions up there on Fourteenth Street.”

Thank God for RAS and this case.

JamesB · Jul 19, 2012

So for class to day I had to go over Gonzales v. Town of Castle Rock.

http://www.law.cornell.edu/supct/html/04-278.ZS.html

Basically, the police refused to arrest the guy for violating a restrainging order.
When I started reading through it, I started remembering seeing it on the news back when it happened, but I continued thinking of a different case the whole time I was reading.

What was the original case that said "police do not have a duty to protect individuals..."
Finally had a min to look up myself and found, Warren v. District of Columbia.
http://gunrightsalert.com/documents/Warren_v._District_of_Columbia_444_A_2d_1.pdf

Both of them are great reads, and handy information to keep available.

What's that case?

JamesB

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