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OCer arrested in West Haven for refusing to show permit

since9

Campaign Veteran
Joined
Jan 14, 2010
Messages
6,964
Location
Colorado Springs, Colorado, USA
Here we go - 4th amendment question - can police demand to see license absent reasonable suspicion of crime afoot.

S. Ct. said no in Delaware v. Prause (police violate 4th amendment if, absent reasonable suspicion of crime afoot, they stop a vehicle driver just to check for a driver's license).

I concur. So did U.S. District Judge (New Mexico) Bruce D. Black in St. John vs Alamogordo: "Defendants had no reason to suspect that Mr. St. John was involved in, or was about to become involved in, any criminal activity. Nor did they have any reason to believe that Mr. St. John posed a safety threat. Accordingly, Defendants' search of Mr. St. John was invalid."
 
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