Not looking for trouble....but
This shirt is bound to cause a bit of a stir.....but if you are stopped...
52 F.3d 194
UNITED STATES of America, Plaintiff-Appellee,
v.
Coye Denise GREEN, Defendant-Appellant.
No. 94-1675.
United States Court of Appeals
In evaluating the validity of investigatory stops, we must consider the "totality of the circumstances--the whole picture." United States v. Sokolow, 490 U.S. 1, 8, 109 S.Ct. 1581, 1585, 104 L.Ed.2d 1 (1989) (quoting United States v. Cortez, 449 U.S. 411, 417, 101 S.Ct. 690, 695, 66 L.Ed.2d 621 (1981)). Reasonable suspicion must derive from more than an "inchoate and unparticularized suspicion or 'hunch.' " Terry v. Ohio, 392 U.S. 1, 27, 88 S.Ct. 1868, 1883, 20 L.Ed.2d 889 (1968). Moreover, "[c]onduct typical of a broad category of innocent people provides a weak basis for suspicion." United States v. Weaver, 966 F.2d 391, 394 (8th Cir.) (quoting United States v. Crawford, 891 F.2d 680, 681 (8th Cir.1989)), cert. denied, --- U.S. ----, 113 S.Ct. 829, 121 L.Ed.2d 699 (1992).
"A number of the factors relied upon by Carrill can be characterized as "conduct typical of a broad category of innocent people." Weaver, 966 F.2d at 394. We reject the notion that Green's travelling alone, carrying a small bag, wearing new and baggy clothes, and failing to make eye contact with Carrill, are in any way indicative of criminal activity. Thus, these factors cannot play a role in assessing the validity of the investigatory stop."
"In assessing whether the requisite degree of suspicion exists, we must determine whether the facts collectively establish reasonable suspicion." Campbell, 843 F.2d at 1093.
Can't be stopped because of the clothes you wear, and /or if a wearing a weapon is "conduct typical"...I am not sure how many people in the country OC...but the more who do it...the more it has to be considered "conduct typical"
I just love this part....
"In Weaver, Chief Judge Arnold, in his dissent from the majority decision upholding an investigatory stop, pointed out that "we have not yet come to the point in this country (except maybe in airports) when citizens must identify themselves to public employees." 966 F.2d at 396-97."
It is well established that "law enforcement officers do not violate the Fourth Amendment by merely approaching an individual on the street or in another public place ... [and] putting questions to him if the person is willing to listen." United States v. Campbell, 843 F.2d 1089, 1092 (8th Cir.1988) (quoting Florida v. Royer, 460 U.S. 491, 497, 103 S.Ct. 1319, 1324, 75 L.Ed.2d 229 (1983) (plurality)).
BTW....this is all 8th District..