Wednesday, March 20, 2013

Fourth Circuit gets it right on Open Carry

Does Open Carry, in an Open Carry state, give police a reasonable articulable suspicion that a crime is occurring?

Cops can’t just stop you, frisk you, or demand identification from you. Terry v. Ohio decided that a police officer must have “reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person “may be armed and presently dangerous” before he can detain you. But does that change if you’re hanging out with a person who openly carries a firearm?

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