GA OC incident

[rmodel65]

where is reasonable suspicion of a crime??




From Ed Stone:

David,

Please read this police report about an arrest of a person openly carrying a pistol for obstruction for refusing to identify himself and tell me what reasonable suspicion of a crime existing to detain this man and force him to identify himself.

This is not an incident I have previously reported to you, as it just happened. This is the same jurisdiction I wrote this letter and with which we have had other issues. Think they have it out for our members?

http://i44.photobucket.com/albums/f4...IMG_0001-1.jpg

http://i44.photobucket.com/albums/f4/rmodel65/IMG-6.jpg

http://i44.photobucket.com/albums/f4...IMG_0002-1.jpg

What is in the water down there?

ED

[headcase]

Are you required by law to show ID to a uniformed police officer down in Ga.?

[rmodel65]

we dont not have a stop and identify statue in GA

closest thing we have is this below and I would think that if the mall is open for business its a time or manner for usual law abiding individuals

O.C.G.A. § 16-11-36 (2008)
§ 16-11-36. Loitering or prowling


(a) A person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

(b) Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon the appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this Code section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this Code section if the law enforcement officer failed to comply with the foregoing procedure or if it appears at trial that the explanation given by the person was true and would have dispelled the alarm or immediate concern.

(c) A person committing the offense of loitering or prowling shall be guilty of a misdemeanor.

(d) This Code section shall not be deemed or construed to affect or limit the powers of counties or municipal corporations to adopt ordinances or resolutions prohibiting loitering or prowling within their respective limits.

[angus]

http://www.statemaster.com/graph/cri...es-states-quot

My understanding is that Georgia is a stop and identify state, but that in Hiibel it was ruled by SCOTUS that even in such states, RS is required. I'm not sure that the citizen need ti show documentation; a verbal reply may be sufficient (legal experts may weigh in on this).

[rmodel65]

take note that is only if loitering or prowling and then you only have to state your name.

that link gives code 16-11-136 which i posted previously in text

[customloaded]

Well, I was a cop on Ga for three years and I'm here to tell you, there is no Open Carry Law spelled out in the code. However, it is not prohibited either. So, that means, you OC, you are going to get into trouble. Go get the permit and carry concealed all damn day long, no problem.

No, there is no requirement when stopped by a LEO in Georgia to ID yourself.

However, attitude will get you far in life and by not giving up an ID and by not doing what is asked, you are only going to get yourself jammed up.

I'm not saying its 100% legal, nor do I support the intrusion of civil rights and liberties but the reality is, play along nice and you'll be ok...at least in Georgia.

[Pa. Patriot]

Originally Posted by customloaded

Well, I was a cop on Ga for three years and I'm here to tell you, there is no Open Carry Law spelled out in the code. However, it is not prohibited either. So, that means, you OC, you are going to get into trouble. Go get the permit and carry concealed all damn day long, no problem.

No, there is no requirement when stopped by a LEO in Georgia to ID yourself.

However, attitude will get you far in life and by not giving up an ID and by not doing what is asked, you are only going to get yourself jammed up.

I'm not saying its 100% legal, nor do I support the intrusion of civil rights and liberties but the reality is, play along nice and you'll be ok...at least in Georgia.

So we should lick their boot, your saying?

If there is no ID statute then why would you get "jammed up"? Do Georgia police not believe in the 4th and 5th Amendments to the Constitution? If so then THEY are the ones that should get jammed up.... in court with criminal and civil suits.

[toysrubi]

Originally Posted by Pa. Patriot

If there is no ID statute then why would you get "jammed up"? Do Georgia police not believe in the 4th and 5th Amendments to the Constitution? If so then THEY are the ones that should get jammed up.... in court with criminal and civil suits.

Agreed 100% Besides no law against OC sure sounds like it's legal to me. If their is no law that states someone must handover ID to the police then sound like the guy in the op was within his rights.

[1861]

I got to get me some pop corn .

[Pa. Patriot]

Originally Posted by wesson

rich, i bet you wont OC in Dickson City anymore. your definetely red flagged in the police database even if not charged with a crime. their called non crime markers. anyways i guess old country buffet wont lose your business, even though they prolly thought you personally may try and use your firearm to threaten your way infront of the mashpotatoes....i mean save some for the rest of us! LOL

Hah- you can have the potatoes! I hate OCB's food

As for DCPD. Yes, I have OC'd in Dickson City, numerous times after their screw up. Actually, I OC'd to the police station to pick up my BUG when they finally decided they lost that game...

We also did some scouting in July 4th:
http://forum.pafoa.org/352504-post-178.html