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Old July 10, 2013, 10:21 PM   #72
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Join Date: December 12, 2006
Posts: 1,512
State vs Ferrand was not a case involving illegal carrying of a concealed handgun or other dangerous weapons. Terry Stop does not usually apply to people in their own residence or curtlage.

IE: "He was driving an automobile, since it requires a "permit" I have a right as a LEO, to stop any vehicle, at random, minus any other infraction, simply to check his license"
I never said that at all. Probable cause is need to stop a vehicle other than D.W.I. check points of course. There is no reasonable suspision to stop a vehicle to check a drivers license alone. You don't have any reason to suspect the license is bad.

I was speaking of carrying concealed handguns or dangerous weapons. It is a crime to carry a concealed handgun not withstanding a permit. If you see what you have a reasonable belief to be a hangun butt in a persons waistband you have a reasonble suspision that a crime is occuring. This is different from your example of driving in that the act of driving itself is not a crime. Carrying a concealed weapon is.

Last edited by teeroux; July 10, 2013 at 10:40 PM.
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