Stopped and detained by Beech Groves Finest

[KG1]

My...my.... here's a decision just handed down by an appeals court in New York that overturned a conviction on a teen illegally carrying a firearm...

“The arresting officer’s own testimony clearly established that he did not have any reasonable suspicion that appellant was involved in a crime before he searched appellant,” Judge Tom wrote. That means, he wrote, that “the subsequent search lacks a lawful foundation...Vague concerns about age and gender, presence in a bad neighborhood and nervousness upon being confronted, all fall short of a reasonable suspicion that appellant personally presented ‘an actual and specific danger to the officer’s safety.’”

Court Tosses Teen

So much for "totality" of circumstances, eh...

Hmmmm.... seems to me this is the kind of thing some of us, including yourself have been trying to point out this entire thread. Nice find.

I've stated a few times in this thread that there was nothing that the OP posted that leads me to believe that the stop was for anything other than an infraction and gave no reasonable suspicion that he personally presented ‘an actual and specific danger to the officer’s safety.’” by his co-operative nature.

It's not just about the first officer having the OP step out of his vehicle and disarming him only upon learning that he was armed and licensed to carry but the bigger problem I have is the backup officer reaching in the vehicle and taking possession of the AR.

 

[Ted]

really is the best ted can do, eh

That is all you seem to have to state when critical of another poster.

Another example of your own apogee of performance.

 

[Ted]

So much for "totality" of circumstances, eh...

Woo hoo....a NY 1st Judicial Department decision...that may or may not be correct, dependent upon the elements that aren't completely articulated in the article.

How about something a bit less speculative, and perhaps a bit more strategic.....though admittedly just as biased as your own find?

.......(T)he determination of whether reasonable suspicion exists to justify and stop and a frisk of a suspect is not rigid concept. According to the U.S. Supreme Court, reasonable suspicion is based upon “the totality of the circumstances – the whole picture.” ix Therefore, reasonable suspicion is based on a variety of factors such as specialized knowledge of the officers, investigative inferences, personal observations of suspicious behavior, and information from other sources. x

ix United States v. Sokolow, 490 U.S. 1, 8 (1989)

x Headen, No. 06-3965 at 6

Terry Frisks and the Totality of the Circumstances

 

[yotewacker]

How about improper storage of a gun. I saw this stick once in court where a guy just lay a rifle in the back seat.

 

[Rookie]

How about improper storage of a gun. I saw this stick once in court where a guy just lay a rifle in the back seat.

IC?

 

[jeremy]

How about improper storage of a gun. I saw this stick once in court where a guy just lay a rifle in the back seat.

Would love to see the Info on that one...

 

[yotewacker]

Would love to see the Info on that one...

I just looked through the IC code. Several have been repealed, I think this was one of them. Been a few years since I saw this.

 

[SaintsNSinners]

I'm one of those woefully misguided people still waiting on the non-existent (probably) photos of the rig.

Its not hard to find one. try googling. Its the internet Im not saying I dont trust anyone on INGO but my truck sticks out and If i throw pics of my AR mounted anyone can find them, show up and remove it.

Ill give you a hint...


it starts with ELS.

 

[Jack Burton]

Woo hoo....a NY 1st Judicial Department decision...that may or may not be correct, dependent upon the elements that aren't completely articulated in the article.

How about something a bit less speculative, and perhaps a bit more strategic.....though admittedly just as biased as your own find?

Terry Frisks and the Totality of the Circumstances

From YOUR own source...

Thus, there are two requirements in order to frisk a suspect. First, the suspect must be lawfully detained during an investigative detention. This means that the detention must be based upon reasonable suspicion that criminal activity is afoot.

A traffic stop for a burned out headlight is not "criminal activity."

The presentation of a LTC removes any criminal activity for someone carrying a firearm, which has been explained to you dozens of times. Now are you going to whine some more about LTCs being written out in crayon on pink paper?

 

[Jack Burton]

That is all you seem to have to state when critical of another poster.

Another example of your own apogee of performance.

It's not being "critical" of you. It is merely mocking your ineptitude in marshaling any kind of substantial argument so you go for the easy way out.

 

[bigus_D]

Its not hard to find one. try googling. Its the internet Im not saying I dont trust anyone on INGO but my truck sticks out and If i throw pics of my AR mounted anyone can find them, show up and remove it.

Ill give you a hint...


it starts with ELS.

Earlier you stated that nobody would be able to get it, because it was so secure. ???

So, you really do just haul it around all the time, unlocking and locking every chance you get??? WTF?

A pic from inside the rig would not be identifiable.

 

[Titanium_Frost]

Plants?

He's a garden of knowledge.

It was in reference to a joke Bunnykid posted about me a few days ago.

 

[Bunnykid68]

Post 202 in this thread https://www.indianagunowners.com/fo...ples_house_here_in_evansville_indiana-21.html

 

[Titanium_Frost]

Post 202 in this thread https://www.indianagunowners.com/fo...ples_house_here_in_evansville_indiana-21.html

Good grief where'd you come from with that in a hurry?

 

[jeremy]

Post 202 in this thread https://www.indianagunowners.com/fo...ples_house_here_in_evansville_indiana-21.html

Weak sauce there sister...

Should have made them dig it out of the bowels of INGO for themselves...

 

[Bunnykid68]

Good grief where'd you come from with that in a hurry?

I am fast like a marsupial

 

[Ted]

....A traffic stop for a burned out headlight is not "criminal activity."

The presentation of a LTC removes any criminal activity for someone carrying a firearm, which has been explained to you dozens of times. Now are you going to whine some more about LTCs being written out in crayon on pink paper?

Oh, so a traffic stop can't lead to a LEO's suspicion of criminal activity? How many times has a traffic stop lead to a substantial finding in a criminal matter? Or in your mind, must a relatively innocuous traffic stop result in no investigation, even if there is a dead body in the back seat?

The presentation of a LTC does not remove an officer's reasonable suspicion, if he can articulate criteria which meets the findings in the aforementioned case law. Or is it your contention that the presentation of a LTCH written in crayon on pink paper to meet the burden in which you maintain?

 

[Ted]

It's not being "critical" of you. It is merely mocking your ineptitude in marshaling any kind of substantial argument so you go for the easy way out.

The ineptness that you demonstrate as evidenced by such a rigid thinking, is similarly apparent.

 

[Caleb]

....god, the least they could have done is reached around and played with your balls...inconsiderate cops

 

[KG1]

Oh, so a traffic stop can't lead to a LEO's suspicion of criminal activity? How many times has a traffic stop lead to a substantial finding in a criminal matter? Or in your mind, must a relatively innocuous traffic stop result in no investigation, even if there is a dead body in the back seat?

The presentation of a LTC does not remove an officer's reasonable suspicion, if he can articulate criteria which meets the findings in the aforementioned case law. Or is it your contention that the presentation of a LTCH written in crayon on pink paper to meet the burden in which you maintain?

Here's a novel idea.

How about trying to stay focused long enough when discussing the legalities of the OP to stay within the boundaries of what was reported in the OP and not just wander off on unrelated tangents that have nothing to do with what took place pertaining to this particular incident, such as dead bodies in the back seat or "LTCH" scribbled on a pink piece of paper?