Comments on: CCW Profiling? Maybe! But think about how you act.

By: Kevin D. Michalowski

Kevin D. Michalowski — Mon, 27 Aug 2012 14:51:22 +0000

Just to point out facts of the case in Deleware v. Prouse : A Delaware patrolman stopped William Prouse’s car to make a routine check of his driver’s license and vehicle registration. The officer had not observed any traffic violation or suspicious conduct on the part of Prouse. After stopping the car, the officer uncovered marijuana. The marijuana was later used to indict Prouse.

This is not exactly what happened in Milwaukee. The car was parked in the lot of closed business well after hours. I think the falls well under the purview of Terry v Ohio and the suspicious activity of being in an area not normally occupied at that time of day. I think it could be argued that police have the right and indeed the responsibility to investigate such a situation based on the Terry v. Ohio ruling. It is a fine line for lawyers and judges to decide in a courtroom. What I’m saying, again, is that such issues should not be decided on the street by a citizen refusing, obstructing or resisting. If the cops got it wrong, take it to court. Better to fight in court than on the street.

By: Menzoberranzan

Menzoberranzan — Sat, 25 Aug 2012 09:39:48 +0000

“The few times that I’ve been approached by officers, I’ve informed them that I have a concealed weapon in the car, even though Idaho doesn’t require that notification.”

I hope you never get the California or New York transplant cop.

By: Menzoberranzan

Menzoberranzan — Sat, 25 Aug 2012 09:38:34 +0000

The diminutive of the name Richard?

By: Menzoberranzan

Menzoberranzan — Sat, 25 Aug 2012 09:33:39 +0000

Why should she cooperate with illegal actions by police?

By: Menzoberranzan

Menzoberranzan — Sat, 25 Aug 2012 09:32:57 +0000

“So, to insure that the driver is legally licensed to drive, it is reasonable to gather that information.”

Not in the least. Delaware v. Prouse prohibits police from just what you stated you would do.

By: Wayne

Wayne — Mon, 06 Aug 2012 19:19:50 +0000

A neighbor of mine was a deputy. One day at another neighbor’s house the three of us were sitting at the table shooting the breeze when the deputy simply stated “everybody lies to us.” Imagine what the other two of us were thinking.

By: Wayne

Wayne — Mon, 06 Aug 2012 19:07:15 +0000

The last time I was pulled over for a minor infraction it didn’t even cross my mind that I had my revolver in my belt. The officer never asked, and like I said, I didn’t even think about it. I irritated the officer when he said I pulled out in front of traffic and I replied, no I did not. Neither of us was concerned about guns so I got a ticket and we both moved on. I went to court and beat the ticket. Guess I was right. Concealed carry is pretty common where I live and if someone does not look or act nervous, in the trooper’s mind, I think it is not an issue.

By: amccann0486

amccann0486 — Sun, 05 Aug 2012 19:28:55 +0000

That is why I think a lot of police officer push issues, they know that many of us can’t afford a lawyer so we will submit to save the expence. I have on many occasions had to submit because the cost of a lawyer was greater than the arguement.

By: amccann0486

amccann0486 — Sun, 05 Aug 2012 19:11:13 +0000

The women was wrong she should have co-operated with the police that being said I have on many occasion encountered police that think they are the only ones with the right to carry a firearm. Department policy where I live is that if you are stopped by the local police ( city and county not state ) you are required to tell the police that you have a firearm either on you on in the vehicle. What I don’t agree with is that officer having the right to take that firearm away from you if you have a legal right to posses it. Safety is one thing but absolute control is another. I have a licence, and a legal right to carry. As long as I do nothing that gives him a reason to be in fear for his life or others he has no legal reason to disarm me.

By: MKEgal

MKEgal — Fri, 03 Aug 2012 22:45:12 +0000

I cooperated to the full extent required by law.
Since you weren’t there, & weren’t even at the trial, you have only news accounts (& this blog’s third-hand report) to go on. Not exactly reliable.