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JonLP24

(29,322 posts)
13. You can't stop people based on open carry alone if open carry is legal
Sun Jun 14, 2020, 04:31 PM
Jun 2020

Terry stop
From Wikipedia, the free encyclopedia
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Police investigative stops
Related concepts
Fourth AmendmentSearch and seizureProbable causeReasonable suspicionTerry stopPretextual stopConsent searchSearch warrant
Case law
Terry v. OhioWhren v. United States
Controversial aspects
Racial profilingStop-and-frisk in New York City
vte
A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity.[1][2] Reasonable suspicion is a lower standard than probable cause which is needed for arrest. When police stop and search a pedestrian, this is commonly known as a stop and frisk. When police stop an automobile, this is known as a traffic stop. If the police stop a motor vehicle on minor infringements in order to investigate other suspected criminal activity, this is known as a pretextual stop. Additional rules apply to stops that occur on a bus.[3]

There is a difference between one police officer stopping one individual, which is a tactical definition, and systematic promotion of this tactic on either the departmental or municipal level, which can damage police–community trust and lead to charges of racial profiling.

Although the Supreme Court has published many cases that define the intersection between policing and the Fourth Amendment in the U.S., Congress has not defined a baseline for police behavior. There has been some state action at both the legislative and judicial levels, and also some cities have passed laws on these issues.[4][5] Except where noted, this article will primarily deal with these issues on a national level. Local and state laws may vary, but that is the exception and not the rule.

Origins
Terry v. Ohio used only the "reasonableness clause" from the Fourth Amendment[6]
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,... Reasonableness
...and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Warrant
The concept of a Terry stop originated in the 1968 Supreme Court case Terry v. Ohio, in which a police officer detained three Cleveland men on the street behaving suspiciously, as if they were preparing for armed robbery. The police conducted a pat down search and discovered a revolver, and subsequently, two of the men were convicted of carrying a concealed weapon.[7] The men appealed their case to the Supreme Court, arguing that the revolver was found during an illegal search under the Fourth Amendment. This brief detention and search were deemed admissible by the court, judging that the officer had reasonable suspicion which could be articulated (not just a hunch) that the person detained may be armed and dangerous. It is key to note that not just "mere" suspicion was used, but "reasonable" suspicion which could be articulated at a later date.[8

https://en.wikipedia.org/wiki/Terry_stop

That was intense eleny Jun 2020 #1
Wait. That was a black guy with just a camera or did her also have a gun? Maraya1969 Jun 2020 #2
I think he was open carrying with a gun on his belt. StarfishSaver Jun 2020 #3
They discuss "open carry." I don't think they're referring to beverages. Beakybird Jun 2020 #4
confrontation pamdb Jun 2020 #5
That's not the point here. StarfishSaver Jun 2020 #6
they're insecure selfish jerks, afraid of the boogeyman (black guy) and they have small dicks RT Atlanta Jun 2020 #9
So, white dudes carrying guns everywhere, A-OK Bettie Jun 2020 #7
Check this out StarfishSaver Jun 2020 #8
Sadly, that's the state of affairs today RT Atlanta Jun 2020 #11
I have seen it before Bettie Jun 2020 #12
I'm in awe of that man's bravery and his willingness to risk his life to bring this to light StarfishSaver Jun 2020 #14
I am too Bettie Jun 2020 #18
Remember Philando Castile, dawg day Jun 2020 #19
It would be better if the cops hassled more of the open carry types. Renew Deal Jun 2020 #10
You can't stop people based on open carry alone if open carry is legal JonLP24 Jun 2020 #13
I'm calling the cops if I see someone walking around with a gun. Renew Deal Jun 2020 #15
I live in Arizona so I have seen people open carry JonLP24 Jun 2020 #17
The first time that I visited Arizona on business, I saw a scruffy Blue_true Jun 2020 #20
If it's an open-carry state, the police will laugh Polybius Jun 2020 #24
The videos prove otherwise Renew Deal Jun 2020 #25
No they don't Polybius Jun 2020 #26
Did you watch the video? StarfishSaver Jun 2020 #16
Exactly. Blue_true Jun 2020 #21
No way in hell StarfishSaver Jun 2020 #22
K&R, more proof that the second amendment is a whites only law uponit7771 Jun 2020 #23
We need to take the badges and uniforms away from Nazis. Hermit-The-Prog Jun 2020 #27
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