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Old July 10, 2013, 10:43 PM   #73
sigcurious
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Join Date: May 25, 2011
Posts: 1,755
Quote:
State vs Ferrand was not a case involving illegal carrying of a concealed handgun or other dangerous weapons. Terry Stop does not usually apply
Although I wasn't responding to you, that's exactly the point. johnelmore was attempting to state that any weapons possession was RAS of a crime and that the local case law supported that. Also, I already noted that CCW is a special case, subject to different rules.

Quote:
Does this mean that if they don't answer your question ('am I being detained') you can just drive off?

How much of the checkpoint process is one required to comply?
To the first, probably not a wise idea, if you read the michigan decision cited earlier in this thread, you are being detained/seized, and it is lawful/reasonable.

To the second part that is the $64,000 question, because they failed to define it in the michigan decision. This would come down in large part to your local laws, but even then it would could be fuzzy. This would also relate to the first question, how long is the seizure lawful? They're pretty clear about only covering the initial stop and questioning, along with it being "brief". But again, this wasn't even close to defined.
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