very funny thing about judges.....you never know where they are really going to go with things.
The MA decision definitely does not apply to Indiana, however, a judge could possibly USE that decision as a guiding rod. or not.
This, I could see happening and would then come down on whether the state has a stop and identify statute or a specific statute to produce a license upon demand as long as there was some other reasonable suspicion of a crime.
As you had stated just a couple of posts earlier, and I stipulated this when I first posted it, this was a MA Supreme Court decision and not a federal court, which would not preclude an IN police officer from effecting a search and seizure of the individual carrying, but could be used as...
The case wasn't about the gun, it was about the suspect being detained after no criminal action had been observed by police. The gun is only important afterwards because the USSC refused to carve out any weapons exception, therefore, an openly carried handgun is not considered reasonable...
Am I on ignore here? Is this thing working? Did you not read the two case law precedents that I posted?
I also think you are either confusing what a 'terry stop' is, or you are purposefully stretching the limits on it. Just my personal opinion about it.
I'm not sure where you're coming up with this reasoning. 'plain view' does not even come in to play because open carry is legal in Indiana. Because of that, any demand to see an ltch is unlawful. You MUST ASSUME that the carrier is within the law UNLESS there is a violation of a law you can...
Perhaps this case law would be useful?
Florida v. J.L., 529 U.S. 266 (2000)
Thus, IMO and IANAL, this sets precedent that since carrying a handgun is not unlawful, any search and/or seizure without reasonable articulate suspicion of a crime having been committed, being committed, or about to be...