Police Officers reaction to open carry
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Old 08-21-2012, 04:41 PM   #1
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Default Police Officers reaction to open carry

http://www.liveleak.com//view?i=589_1345502474

Now, I have very mixed emotions on this ... first off, let me say, I think that officer did an awesome job. I respect him tremendously for it...he did his job the way it should be done.

My conflict comes with THE LAW its self. He's only enforcing the law, he didn't write it.

To me, the law seems counter to the Constitution. Now, we can have philosophical debates all day long, but you're either for OC or against it...to me, that's irrelevant...what is relevant is that it's a Constitutional Right that some states actually recognize...and yet, we have a law that constrains the exercise of that right.

Here's what I mean:

The officer says that it is his training that allows him to recognize the firearm as a fully automatic weapon. Yet...it wasn't full auto, and in fact, if I heard him correctly, it's actually a .22

Now, I won't argue that semi-auto looks like full auto, obviously there are many cases, literally millions of cases, where this is true, BUT, when dealing with law, we have to deal with facts...no training could teach that officer the difference, in sight alone, between a semi-auto and a full-auto.

So, with that being said, I don't feel like the law is in sync w/ The Constitution as far as illegal search & seizure.

Think of it like this:


You have to have a fishing license to go fishing, right? So let's say you're driving down the road, you get pulled over. You weren't speeding, you didn't have any tail lights out, nothing like that, but someone reported that you were fishing on their property (You weren't, but that's what they told the police)

The officer says "So, i see you have fishing poles in your back seat...can I see a fishing license" and you say "I don't have to have a fishing license unless i'm fishing, these are just fishing poles"

But you get searched anyways. That's not a legal search via the Constitution, yet many of our new laws say that it is.

In other words, the reality of the situation is you were never breaking any laws to begin with, but the officer didn't know that, so the law says he gets to infiltrate your freedom "just to make sure"...


There are a lot of laws that are not in sync w/ our Constitution and they all exist because certain people were willing to stand down and trade their freedoms for the ILLUSION of security.

Just ask the people standing in line getting groped at the airports.





Thoughts?
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Old 08-21-2012, 05:45 PM   #2
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In this case, if the officer had a report that you were fishing on another person's land, he has probable cause. It's up to a prosecutor, grand jury or or a judge to make a final determination.

Game and fish law is a different set of tules altogether.
\
SCOTUS decisions, right or wrong, give the officer certain powers under ceertain specific situation.

Example: if an officer knows that you are a convicted felon, out on parole, and he has reasonable suspicion that you are carrying an illegal weapon, he can search you. Reasonable suspicion is the lowest level of cause.

Next up is probable cause. Probable cause is needed to obtain a warrant. It can also be used for a warrantless search or arrest under exigent circumstances

Certain knowledge is the highest standard. If an individual is shooting at the officer, he can return fire without a court order.

All three, from reasonable suspiucion to certain knowledge must be able to be proven in court.

The system is far from perfect, but to the best of my knowledge, it's the best that any society has come up with so far. And the system will never be perfect as long as there are humans involved!

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Old 08-21-2012, 06:11 PM   #3
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I understand that its the law...I am just making the point that the law its self seems counter to the 4th Amendment...maybe im thinking abou tit all wrong, its just the first thing that comes to my mind

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Old 08-21-2012, 06:38 PM   #4
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I really have no problem with what the officer did. I understand the difficulty of identification of a FA firearm. My AR has select fire markings, yet is a semi-auto. Short of a hands on inspection, one would believe it to be select fire. The officer was respectful, and reasonable IMHO.

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Old 08-21-2012, 07:12 PM   #5
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That officer was a total professional from start to finish. I wish everybody, not only leos but citizens as well had his knowledge and demeanor.

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Old 08-21-2012, 08:27 PM   #6
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The officer conducted himself 100% appropriately. I think the persons filming in this case where a little disappointed that the officer acted as he did. It goes to show that every LEO out there is not looking to take every ones weapon or curtail ones right to posses it.

Now if I could just figure out what the guy was talking about at the end concerning a magazine in his but.

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Old 08-21-2012, 08:35 PM   #7
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comments concerns or questions?? hmmm i betcha a paycheck hes had prior military serivce. lol... i think the cop did exactly what he should of in a very respectful manner.. kudos to the officer.. we need more like him

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Old 08-21-2012, 10:19 PM   #8
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Many federal, state and local laws contradict what the constitution allows in a bunch of areas, and the cops are there to enforce those laws however illegal they may be.

The problem isn't the cops. It's the legislators, politicians and lobbyists who push for ever more regulation.

IMO, the cop in this video was outstanding and I really can't find fault with the way he behaved in the context of the situation.

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Old 08-21-2012, 10:48 PM   #9
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Quote:
Originally Posted by bkt
Many federal, state and local laws contradict what the constitution allows in a bunch of areas, and the cops are there to enforce those laws however illegal they may be.

The problem isn't the cops. It's the legislators, politicians and lobbyists who push for ever more regulation.

IMO, the cop in this video was outstanding and I really can't find fault with the way he behaved in the context of the situation.
Agreed completely. I assume my post didn't come off suggesting otherwise ?
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Old 08-21-2012, 10:57 PM   #10
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The LEO was great, the guy recording was a dick.

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