Originally Posted by SAM57
A judge at the Superior Court of Delaware heard*the case, saw the dash cam and had the officer stuttering and actually confess that he pulled over the Hells Angel because, the Hells Angel was riding in Pagan terratory, therefor he must have a gun. Which is Profile Discrimination!
No, it is not profile discrimination. Profiling would be if he pulled over the biker because he was Hispanic, or Black, or Chinese. Pulling him over because he suspected he might have a gun is acting on a suspicion that a crime is being committed. That's not profiling.
The question then because one of whether or not the suspicion is considered "reasonable, based on clearly articulable facts." That is the criterion established by the U.S. Supreme Court in Terry v. Ohio
. To be honest, unless there's a lot here that I'm not seeing, I think this stop probably would satisfy the Terry
criteria, and that the State just did a lousy job at the first hearing on the motion to suppress.
I must tell you that the Hells Angel has a permit to carry in Pennsylvania.
What is the significance of this statement? According to the HandgunLaw site, Delaware doesn't honor a Pennsylvania permit, so the fact the biker had a PA license to carry is of no relevance to the discussion.