Quote:
Originally Posted by KMAG
"We do not address the scenario in which the officer has an independent reason to believe that a
crime (carrying an unlicensed gun) may be in progress, inquires as to whether the gun is licensed and
the person does not answer. " - from the Hawkins case.
The above was dicta and therefore not at issue in the case and has no effect of law. However, I interpreted it as a warning that RAS could exist if the cc observed by the LE observed was likely a criminal act. For example, if the person looked under age.
Minds can differ on why the SC included this reference as it could mean just the opposite and the SC is eager to review such a case - but I doubt it. I would like to be wrong on this last assumption and see the Court review a few more of these cases to resolve such questions.
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Even if the person looks underage, there are exemtions to licensing that would permit some underage individuals to cc without a license, 19 yr old off duty LEO for example. So even someone looking underage is not RAS of a crime. My reading of the statement is that if an officer has some reason other than just the carry of a gun he could have RAS to stop and question the individual.