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Old 02-27-2013, 07:01 PM   #21
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I was recently stopped, disarmed, questioned, and searched by police for the sole reason that I was carrying a rifle on my back. I broke no laws and was driven home by the police.
This is a clear violation of what is considered justified Terry search. Does anyone know any aggressive civil liberties attorneys that would want to take up a case like this?
I live in Vermont and have called multiple law offices with no luck, people don't even know where to point me.
Let's look at the facts.

1. You were walking down the street with an "assault rifle" and scared the beejeezus out of Ma and Pa Kettle.

2. The Kettles called the cops, and naturally, the cops responded.

3. On arrival the cops disarmed you of the obvious weapon and patted you down for other weapons.

4. The cops questioned you in what appears to be full compliance with Terry to see if a crime had been committed.

5. The cops assured you that you were not guilty of any crime they could think of and gave you a ride home, probably to make sure they didn't get another 42 calls on the "gunslinger with an assault rifle". While doing this they probably broke quite a few of their department policies by allowing you to ride in the front seat.

6. They returned your firearm.

I don't see where you have a case, but I wish you good luck if you decide to pursue it. As far as getting the record removed, lottsa luck. It ain't gonna happen if it went anywhere beyond the local level.

I know roughly what your local laws are, but did you ever consider calling the cops before hand to give them a heads up? It might have saved you a bunch of trouble. People are scared spitless right now, and if they call the cops, the cops must respond.
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Old 02-27-2013, 07:14 PM   #22
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The point i guess is that they have to have reason to believe i committed a crime BEFORE they stop and search me. They can't just stop someone for walking on the road.
And it's been determined that a phone call to the police about someone with a firearm is NOT enough even stop someone. They have to have accurate data on who has what, and that they have knowledge the person has criminal intentions.

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Old 02-27-2013, 07:15 PM   #23
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So does anyone know any lawyers?

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Old 02-27-2013, 07:17 PM   #24
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Someone walking down the street with an ak clone is enough reason for them to stop and question you.

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Old 02-27-2013, 07:21 PM   #25
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Open Carry Is The Opposite Of Prudent.

If you jump off a building, you break no laws, you confirm them.

If you broke no laws, you may pay dearly to confirm what you did was justified under the law.

To all else reading this: OPEN CARRY IS NEVER A GOOD IDEA.

Edit.............

I reread all the posts above, paying closer attention to your subsequent posts.

You want to sue the police department for doing their job, making sure the community is safe?

Are you also going to sue all of us for joining in this conversation?

Open carry in public walking down public streets is not something you see everyday. I could bet you a dollar, a 30 year veteran police officer in any town around America will never encounter anyone doing so.

Let it go, and learn a lesson from this. Send the police officer a thank you, for doing his job.

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Old 02-27-2013, 07:28 PM   #26
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Lol,
Consider yourself lucky. In CA you would have been shot and your family would be billed for the cost of the 32 bullits they shot at you. Even though only 2 would hve hit you.

Actually, I think you should lighten up. He gave you a ride home after all and returned your gun. Sounds like you encountered the kind of Cop we all wish we'd encounter. You ought to send a letter to the police chief commending the officer for his professional handling of the affair.

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Old 02-27-2013, 07:32 PM   #27
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Quote:
The point i guess is that they have to have reason to believe i committed a crime BEFORE they stop and search me
I would assume the police would have to respond if reported that someone was carrying a rifle. ? Do they not have gun slips in America.
There is no requirement here to cover a shotgun when carrying it. But after getting stoped a few times i thought putting it in a cover would be the sensible thing to do.
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Old 02-27-2013, 07:32 PM   #28
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I'm sure you were searched for THEIR own protection. It's very common.
The rifle was just probable cause to conduct the search and in which case made it legal. They probably got a complaint from some idiot that's watched too many news briefs about school shootings and such.

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Old 02-27-2013, 07:34 PM   #29
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Why do you need a lawyer, you got a free ride home???
Why would you be 'in the paper'? Is it news that you were walking home with a rifle?
If there was a call made about you the police are obligated to stop you and check you out. Been there MANY times. It sounds like they handled it properly to me.

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Old 02-27-2013, 07:41 PM   #30
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Quote:
Originally Posted by Brennan16 View Post
I'm sure you were searched for THEIR own protection. It's very common.
The rifle was just probable cause to conduct the search and in which case made it legal. They probably got a complaint from some idiot that's watched too many news briefs about school shootings and such.
The idiot, if there was one, was not the telephone caller, or the police officers.

If this were me, and I were the police officer, the ride home, would have gone in a different direction, and I would have let the District Attorney sort it all out. Then this guy would have a legitimate reason for needing a good lawyer.

Likely the DA would have cut this guy loose after a couple days, and his AK would stay impounded until such time, the guy paid enough attorney fees to purchase a gun store.
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