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Old February 4, 2012, 11:36 AM   #32
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 6,188
Quote:
Originally Posted by comn-cents
When were his rights violated? I have the right to drive down the street, and if a cop pulls me over they are not violating my rights.
His rights were violated because the deputy had no justification to stop him. Police officers can't just stop people at random. If they want to pull over a vehicle, there has to be a reason. It may be speeding, it may be a burned out light, it may be that they ran the plate and the number belongs on a yellow Ford rather than a blue Toyota -- but they have to have a reason.

Same for people. In order for a police officer to conduct an investigative stop, he must have (according to U.S. Supreme Court dicta) "a reasonable suspicion, based on clearly articulable facts, that a crime has been committed, is being committed, or is about to be committed."

So, in a state where unlicensed open carry is legal, how can the simple fact of open carrying a handgun provide any "reasonable suspicion based on clearly articulable facts" that there's a crime afoot? What's the crime? What are the clearly articulable facts?

Answer: There weren't any -- ergo, the deputy violated his civil rights by "investigating" him for a non-crime.

Quote:
Originally Posted by teeroux
Well you have a permit for concealed carry but open carry. You can't blame a cop for giving you some attention when you could have otherwise avoided it.

The police enforce the law and are concerned with public safety. I would be more worried if an officer didn't stop and interview the only person in a public setting with a pistol. JMHO
See above comments directed toward comn-cents. The Op was not breaking any law, therefore the deputy had NO LEGAL RIGHT to stop and detain him. Whether or not open carry makes you uncomfortable, in WV it is legal. That's the law.

I am uncomfortable when a shaggy biker in raggedy leather on a Harley-Davidson with no mufflers is behind me or beside me in traffic. Does that mean I should be able to call a cop and have the biker detained? (Actually, that's not even a fair example, because the lack of a muffler would be justification.) The key point in your post is that the police "enforce" the law. They can't make it up. Open carry is legal in WV. The police cannot detain people arbitrarily for engaging in LEGAL behavior.

Quote:
Originally Posted by Crazy88Fingers
It seems that asking to see your CCW was fair.
Why, if a permit isn't needed to open carry? That's like asking someone standing next to a parked car in a parking lot to see their driver's license.

Last edited by Aguila Blanca; February 4, 2012 at 11:45 AM.
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