The Fourth Amendment Forbids Handcuffing Someone Just Because He Has A Gun And Gun Permit
BY Herschel Smith
3 years, 4 months ago
“[T]he search of the passenger compartment of an automobile, limited to those areas in which a weapon may be placed or hidden … if the police officer possesses a reasonable belief based on ‘specific and articulable facts which, taken together with the rational inferences from those facts, reasonably warrant’ the officers in believing that the suspect is dangerous and that the suspect may gain immediate control of weapons.” …
On this record, no reasonable officer could conclude that Plaintiff posed a meaningful threat of being “armed and dangerous” simply because he disclosed that he had a pistol and a license to possess it. Any contrary holding would make it practically impossible for the lawful owner of a firearm to maintain a Fourth Amendment right to privacy in his or her automobile.
Well, right. The judge happened to get this one right – this time.
I have an idea how to help cops get it right all the time. Do away with the stupid permitting scheme and adopt constitutional carry. Make it clear in the law that cops have no right to infringe upon your right to be armed, anywhere, anytime, and for any reason.
On August 11, 2021 at 1:10 am, skybill said:
Hi Herschel!!!!,
A Great Big, Trucker’s 10-4!!!!!! to ya’!!!!
I’m with ya’ 100%!!!
“There aren’t too many human interaction problems that
can’t be fixed with a .45ACP 230 Grain fat boy….. Herschel Smith”
‘first saw yer’ comment over at Mike Vanderboegh’s place when he was
just gettin’ started with “Sipsey Street!!!!”
Blue skyz Buddy!!!!
skybill
On August 11, 2021 at 7:08 am, Mark Matis said:
If the “Law Enforcement” officers do not get home safely at the end of their shifts, this shit stops REAL fast!!!
On August 11, 2021 at 8:05 am, ragman said:
Cops routinely ignore laws. They make stuff up and get away with it. Why would it be any different regarding constitutional carry?
On August 11, 2021 at 8:32 am, Longbow said:
Unlike mere mortals, Cops have Feelings!
If he suspects you are armed in his rarefied presence, and suffers and adverse emotional state, he MUST have the right to stand on your neck until he feels better!
Otherwise, “civilians” will go around thinking’ they can act like Free Men and just do whatever the hell they wanna do!
Watch the video of Officer Brailsford murdering Daniel Shaver, for example. That shooting was ruled “justified”. So there.
On August 11, 2021 at 8:40 am, Fred said:
Never tell the police that you have a weapon. In must notify states tell them you have a permit FIRST, then tell them that you are armed. Never ever use the word gun or pistol or etc.
But yes, permiting is nowhere in that dusty old bible sitting on the shelf that you never read nor in the now defunct constitution.
On August 11, 2021 at 10:29 am, penses said:
When first started, eight hundred years ago, trial by jury was just that. The jurors interpreted and sometimes made the law.
The judges of today, much like the Sadducees and Pharisees, have abandoned the jury and God’s law and substituted their own. Ancient or modern, it all comes down to one simple rule: “The law in the hands of a judge is like clay in the hands of a child.”
It is like Herschel said, the LEO’s are an army of occupation. A temporary band-ade; the little Dutch Boy with his finger in the dike until Martial Law is declared. Then they along with the rest of the unwashed they will be marched off to the gulag.