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Old August 30, 2012, 02:37 PM   #91
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Join Date: December 13, 2005
Posts: 2,539
Originally Posted by Frank Ettin
However, it looks like the Sixth Circuit would disagree with you (and agree with me). See Embody v. Ward (Sixth Circuit, No. 11-5963, August 30, 2012), at pg 5:
If you read the case, the court doesn't adopt the standard you suggest or any standard that would result in Rosa Parks having nothing to complain about. That court found the POs to have reasonable suspicion. Simply observing a person legally engaging in open carry can't itself be reasonable suspicion.

Also,I am sure you would not want to rely on a fallacy of argument by authority.

Originally Posted by Frank Ettin
Police officers wear uniforms or display badges and are well known and expected by the public to be armed.
That begs the question "Why are they expected to be armed?". The answer to that question is because it is routinely observed.

Originally Posted by Frank Ettin
That was then, and this is now.
While undeniable, that observation doesn't argue against the proposition that making an event routine tends to allow people to become more familiar with it and less alarmed by it.
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