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SVTPerformance's Chain of Restaurants
Donut Shop
Getting pulled over with a loaded gun (LEO only please)
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<blockquote data-quote="N A Rush" data-source="post: 9903389" data-attributes="member: 6349"><p>Silver,</p><p></p><p>My post wasn't directly at you! Yes, I quoted a statement you made. That is why I only quoted the statement you said about other officers. I apologize if you took it that way!!!</p><p></p><p>OP, I also apologize since I am NOT a LEO. I have only done CSO work. Best advice, know the laws for your state or the state you are carrying in!</p><p></p><p> </p><p>I re-read the post. I never called it a “search”, the web site I captured the text from called it a search, my mistake. I went to the actual case law, the Presiding Judge actually said “seize” and later “seizure.” </p><p></p><p> </p><p>Please see my above comment that each state is different and its best to know your laws.</p><p></p><p> </p><p>I believe in VA its required to inform an LEO you are concealed at the earliest possible opportunity, correct?</p><p></p><p> </p><p>If the above statement is correct, then a law abiding citizen of VA would inform you of such. If not, then they are not law abiding and thereby hiding something. Otherwise, I would take exception to an officer searching/seizing w/o PC!</p><p></p><p></p><p>Since the topic was broached, Correct me if I mis-read your post but didn’t you state that most LEO would hold onto the weapon during the stop? Again, correct me if I am wrong here as I am not an LEO or an attorney, but doesn’t this constitute as a second-tier encounter thereby violating the Fourth Amendment if the officer briefly "stops" or "seizes" a citizen without an articulable suspicion??? Articulable suspicion requires a particularized and objective basis for suspecting that a citizen is involved in criminal activity. (Citations omitted.) Brittian v. State, 257 Ga. App. 729, 731 (572 SE2d 76) (2002).</p></blockquote><p></p>
[QUOTE="N A Rush, post: 9903389, member: 6349"] Silver, My post wasn't directly at you! Yes, I quoted a statement you made. That is why I only quoted the statement you said about other officers. I apologize if you took it that way!!! OP, I also apologize since I am NOT a LEO. I have only done CSO work. Best advice, know the laws for your state or the state you are carrying in! I re-read the post. I never called it a “search”, the web site I captured the text from called it a search, my mistake. I went to the actual case law, the Presiding Judge actually said “seize” and later “seizure.” Please see my above comment that each state is different and its best to know your laws. I believe in VA its required to inform an LEO you are concealed at the earliest possible opportunity, correct? If the above statement is correct, then a law abiding citizen of VA would inform you of such. If not, then they are not law abiding and thereby hiding something. Otherwise, I would take exception to an officer searching/seizing w/o PC! Since the topic was broached, Correct me if I mis-read your post but didn’t you state that most LEO would hold onto the weapon during the stop? Again, correct me if I am wrong here as I am not an LEO or an attorney, but doesn’t this constitute as a second-tier encounter thereby violating the Fourth Amendment if the officer briefly "stops" or "seizes" a citizen without an articulable suspicion??? Articulable suspicion requires a particularized and objective basis for suspecting that a citizen is involved in criminal activity. (Citations omitted.) Brittian v. State, 257 Ga. App. 729, 731 (572 SE2d 76) (2002). [/QUOTE]
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Getting pulled over with a loaded gun (LEO only please)
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