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Old January 17th, 2009
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Default Non-Violent, What would you do Situation

You walking down the street and a LEO somes up to you Informing you that he got an Anonymous report that you had a gun, and seized your gun and detains you... Now what?
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Old January 17th, 2009
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Default Re: Non-Violent, What would you do Situation

Keep your mouth shut, follow all LEGAL orders, and then call your attorney. Bahamas here you come!!!!

In all seriousness, in your described situation... several laws have been broken. Not only do you not meet the requirements for a Terry stop, the officer has also detained you illegally, and stolen your property. A mess to say the least.
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Old January 17th, 2009
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Default Re: Non-Violent, What would you do Situation

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Originally Posted by Falcon118 View Post
Keep your mouth shut, follow all LEGAL orders, and then call your attorney. Bahamas here you come!!!!

In all seriousness, in your described situation... several laws have been broken. Not only do you not meet the requirements for a Terry stop, the officer has also detained you illegally, and stolen your property. A mess to say the least.
What he said.
And we'll add you to the list of civil rights law suits going on
Ed
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Old January 18th, 2009
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Default Re: Non-Violent, What would you do Situation

Quote:
Originally Posted by JGeezer1986 View Post
You walking down the street and a LEO somes up to you Informing you that he got an Anonymous report that you had a gun, and seized your gun and detains you... Now what?
Hypothetically, I may have experienced that scenario...
Let's see, well, if the officer is pleasant, you smile, assert that you are not consenting to anything, and comply with his demands. If the officer is being a jerk-off saying things like, "You realize you're a moron for carrying that way, right moron?", you might say, "I see you passed asshole school with flying colors, did you miss the law classes though, or were you dreaming of being a ballerina?"...You might engage in a back and forth battle of one-upmanship, all the while being as courteous to his partner as you are being obnoxious to him, until he turns purple and his partner has to put him in his car to cool off... Hypothetically....oh yeah, make sure that you are not in a legally questionable place when this happens, and, well, Bahama's here you come....


Just sayin'

ETA~ It may come in handy to engage the voice recorder you surely carry with you at all times.....
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Last edited by headcase; January 18th, 2009 at 12:25 AM.
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Old January 18th, 2009
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Default Re: Non-Violent, What would you do Situation

Sad thing is that happened to me last April here in Whitehall, PA from the local PD.
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Old January 18th, 2009
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Default Re: Non-Violent, What would you do Situation

Quote:
Originally Posted by headcase View Post
Hypothetically, I may have experienced that scenario...
Let's see, well, if the officer is pleasant, you smile, assert that you are not consenting to anything, and comply with his demands. If the officer is being a jerk-off saying things like, "You realize you're a moron for carrying that way, right moron?", you might say, "I see you passed asshole school with flying colors, did you miss the law classes though, or were you dreaming of being a ballerina?"...You might engage in a back and forth battle of one-upmanship, all the while being as courteous to his partner as you are being obnoxious to him, until he turns purple and his partner has to put him in his car to cool off... Hypothetically....oh yeah, make sure that you are not in a legally questionable place when this happens, and, well, Bahama's here you come....


Just sayin'

ETA~ It may come in handy to engage the voice recorder you surely carry with you at all times.....
That's the best OC advice given in a long time.........
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Old January 18th, 2009
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Default Re: Non-Violent, What would you do Situation

Quote:
Originally Posted by JGeezer1986 View Post
You walking down the street and a LEO somes up to you Informing you that he got an Anonymous report that you had a gun, and seized your gun and detains you... Now what?
Read through this thread. It has already happened.

http://forum.pafoa.org/open-carry-14...nt-thread.html
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Old January 18th, 2009
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Default Re: Non-Violent, What would you do Situation

Quote:
Originally Posted by Falcon118 View Post
Keep your mouth shut, follow all LEGAL orders, and then call your attorney.
Yep, works for me
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Old January 18th, 2009
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Default Re: Non-Violent, What would you do Situation

I would not comply at all with those requests. He got a report? So what? If he can tell me what I'm doing that is illegal then we can continue talking. If he can't then I'm walking away. I have comitted no crime and do not meet even the most minimal standards for a terry stop. If he chooses to push the issue, then I'd clam the hell up til my lawyer arrived.

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Old January 18th, 2009
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Default Re: Non-Violent, What would you do Situation

On this site, read this link:

(Commonwealth vs. Hawkins)

http://reference.pafoa.org/caselaw/P...lth-v-hawkins/

An anonymous tip is not enough for Reasonable Articulable Suspicion, let alone Probable Cause for a Terry stop. They do no state if it would be allowed if the tip is not anonymous and the veracity of the witness is well known with the police. IANAL but I think they left it open on this count.

ETA = after rereading, they do mention that it may allow for an investigative stop if the suspect behaves in a way that confirms the allegation or the one reporting it is reliable (eg. probably means can testify)
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Last edited by TaePo; January 18th, 2009 at 01:04 PM.
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