The Firing Line Forums - View Single Post - WCI v. Madison: was Police charge five "legal" open carry citizens in Wisconsin

4thPointofContact · September 30, 2010, 11:17 AM

The police can issue a citation for disturbing the peace, they can even cite you for 'eating a ham sandwich on Sunday to the detriment to the Public'. The Wisconsin Code regarding Identification reads:
968.24
968.24 Temporary questioning without arrest. After having identified himself or herself as a law enforcement officer, a law enforcement officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a crime, and may demand the name and address of the person and an explanation of the person's conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.

The intelligent reader will note that 1) there must be a reasonable, articulable suspicion that of a crime and 2) that no identification need be produced. The Supreme Court in Hiibel v Nevda has ruled that stating one's true name is sufficient to satisfy the law.

The Wisconsin code for Disorderly Conduct
947.01
947.01 Disorderly conduct. Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.

The intelligent reader may well ask himself what part of enjoying an evening's repast with like company is disorderly?
The intelligent reader will note that there are specific instances listed that constitute disorderly and that the phrase 'or otherwise' is interpreted by the courts as meaning 'essentially similar to the preceding'.
When the dress code for a funeral is "black, dark blue, dark gray or otherwise somber colors", most people will not interpret bright neon green as "otherwise".

Further, the intelligent reader may well ask himself exactly what the Fourth Amendment is intended to protect against. It's not the fire department nor the local dog catcher nor the guys who pick up your recyclable trash that are asking for identification.

September 30, 2010, 11:17 AM	#33
4thPointofContact Junior member Join Date: September 22, 2007 Posts: 197	The police can issue a citation for disturbing the peace, they can even cite you for 'eating a ham sandwich on Sunday to the detriment to the Public'. The Wisconsin Code regarding Identification reads: 968.24 968.24 Temporary questioning without arrest. After having identified himself or herself as a law enforcement officer, a law enforcement officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a crime, and may demand the name and address of the person and an explanation of the person's conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped. The intelligent reader will note that 1) there must be a reasonable, articulable suspicion that of a crime and 2) that no identification need be produced. The Supreme Court in Hiibel v Nevda has ruled that stating one's true name is sufficient to satisfy the law. The Wisconsin code for Disorderly Conduct 947.01 947.01 Disorderly conduct. Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor. The intelligent reader may well ask himself what part of enjoying an evening's repast with like company is disorderly? The intelligent reader will note that there are specific instances listed that constitute disorderly and that the phrase 'or otherwise' is interpreted by the courts as meaning 'essentially similar to the preceding'. When the dress code for a funeral is "black, dark blue, dark gray or otherwise somber colors", most people will not interpret bright neon green as "otherwise". Further, the intelligent reader may well ask himself exactly what the Fourth Amendment is intended to protect against. It's not the fire department nor the local dog catcher nor the guys who pick up your recyclable trash that are asking for identification. Last edited by 4thPointofContact; September 30, 2010 at 12:41 PM.