Pennsylvania Firearm Owners Association
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  1. #21
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    Pop: Born in Reading Me: FXBG, VA, Virginia
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    Default Re: PA Supreme court decision on if open carry is suspicion of a crime.

    IANAL, but I live in the Fourth Circuit, which has eviscerated Terry v. Ohio in its own case, U.S. v. Robinson (2017). In that case, the Fourth Circuit essentially rewrote Terry's requirement that a suspect must be "armed AND dangerous" into a new standard which is "armed IS dangerous," therefore, ANY suspect that is armed, is subject to Terry for no other reason whatsoever.

    That is why I originally asked about the prospect of this case being appealed to the Third Circuit, where, if upheld, it would set up a Circuit split that SCOTUS might eventually consider to resolve.

    From my reading of this case, it seems that the Pennsylvania Supreme Court has upheld the original meaning of Terry, that one must be able to articulate BOTH armed AND dangerous to justify a detention. The particular location of those involved in the evaluation of those requirements does not seem to be at issue.

    TFred

  2. #22
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    Default Re: PA Supreme court decision on if open carry is suspicion of a crime.

    Quote Originally Posted by TFred View Post
    IANAL, but I live in the Fourth Circuit, which has eviscerated Terry v. Ohio in its own case, U.S. v. Robinson (2017).
    Thanks for that reference - I've included it (with excerpts) in my thread on stop & frisk cases:

    STOP, DETAIN, SEARCH - What CAN an Officer Do Legally (IANAL)
    http://forum.pafoa.org/showthread.php?t=54746

  3. #23
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    Default Re: PA Supreme court decision on if open carry is suspicion of a crime.

    "There's been a development."

    Commonwealth Appeals the Hicks Decision – Will SCOTUS Weigh-in on Whether Display of a Firearm Constitutes Reasonable Suspicion of Criminal Activity?

    Excerpt:

    "Now, one needs to ask why Governor Wolf, Attorney General Shapiro, and Lehigh County District Attorney Martin would have elected to appeal this case to the U.S. Supreme Court, when the PA Supreme Court rendered its decision based upon Article 1, Section 8, which the U.S. Supreme Court cannot overturn. There’s a simple answer – gun control across the U.S..

    Since the outcome would not change for Mr. Hicks, even if the U.S. Supreme Court granted review and overturned the decision in relation 4th Amendment, the reason for spending our taxpayer money for this appeal is clearly based upon a wish and a prayer that the U.S. Supreme Court will rule, for 4th Amendment purposes, that the display of a firearm does constitute reasonable suspicion of a crime so that in other states, where the issue arises solely on 4th Amendment grounds, the U.S. Supreme Court’s decision would control."

    TFred

  4. #24
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    Default Re: PA Supreme court decision on if open carry is suspicion of a crime.

    Ginsburg is down for the count so the only wild card is still Roberts and whatever the democrats have on him.
    Ask not what your country can do for you, ask what you can do for your country.

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