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Carrying Concealed Not Legal Grounds to Stop and Search a Person in PA
AmmoLand ^ | 25 December, 2019 | Dean Weingarten

Posted on 12/27/2019 8:57:24 AM PST by marktwain

At about 2:30 in the morning of 28 June, 2014, Michael Hicks was at a convenience store in Allentown, Pennsylvania. Hicks had a valid concealed carry permit, and had a handgun in an outside the waistband holster, concealed by his shirt.

Open carry is generally legal in Pennsylvania, but it is not legal to open carry in a vehicle. This limits the practicality of open carry on a regular basis.

Video surveillance of the scene showed Hicks adjusting his shirt, briefly allowing the handgun to be seen before approaching the convenience store. Hicks goes about his business, but minutes later is stopped by police. The Supreme Court of Pennsylvania watched the surveillance video and described what happened:

Hicks arrives at the Pace Mart at 2:31 a.m.and parks his vehicle at a gas pump. A second, unidentified individual already was parked at an adjacent gas pump. The individual clearly recognizes Hicks as an acquaintance, and approaches Hicks’ vehicle to greet him. Hicks exits his vehicle, and his firearm becomes visible, albeit barely. Hicks either is holstering the firearm or adjusting his garments around it when the second individual reaches Hicks’ driver’s side door, which is still open.The individual greets Hicks, and the two men shake hands with a brief, one-armed embrace.Hicks does not appear to gesture or point to the firearm, and he does not remove it from his waistband at any point.Hicks begins to walk toward the convenience store, continuing to adjust the position of the handgun, which becomes more clearly visible for a moment. Thereafter, the handgun is holstered outside Hicks’ waistband and covered by his shirt, but its outline remains visible. Hicks enters the store, exits a short time later, then returns to the gas pump, where he begins to fuel his vehicle. Hicks speaks briefly to

(Excerpt) Read more at ammoland.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Pennsylvania
KEYWORDS: banglist; concealedcarry; ib4tg; secondamendment; supremecourt
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Police in PA no longer have the right to stop and search you, simply because you are carrying a concealed weapon.
1 posted on 12/27/2019 8:57:24 AM PST by marktwain
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To: marktwain

He did nothing wrong. Why does the law go after honest, non-violent citizens and declare them criminals?

NRA - Life, since about 1990.


2 posted on 12/27/2019 9:00:31 AM PST by I want the USA back (If free speech is taken away, dumb and silent we are led, like sheep to the slaughter: G Washington)
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To: I want the USA back

[[Why does the law go after honest, non-violent citizens and declare them criminals?]]

There’s huge money in bullying people that abide by the law-


3 posted on 12/27/2019 9:03:48 AM PST by Bob434
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To: I want the USA back

I disagree with what the cops are doing, but I understand their thinking.

In a world of toy poodles, a trained Pit Bull needs to be controlled.


4 posted on 12/27/2019 9:05:17 AM PST by cuban leaf (The political war playing out in every country now: Globalists vs Nationalists)
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To: marktwain

If he had a concealed carry permit why was he searched?


5 posted on 12/27/2019 9:20:16 AM PST by RWGinger (Does anyone else really)
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To: RWGinger

Because the gun wasn’t always concealed.


6 posted on 12/27/2019 9:27:01 AM PST by Balding_Eagle ( The Great Wall of Trump ---- 100% sealing of the border. Coming soon.)
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To: Balding_Eagle

Open carry is generally legal.
If he had a concealed carry permit, he was legal to buy carry concealed.

Why was he searched?


7 posted on 12/27/2019 9:30:00 AM PST by Bitman
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To: Bitman

Scratch the ‘buy’


8 posted on 12/27/2019 9:32:08 AM PST by Bitman
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To: RWGinger

“If he had a concealed carry permit why was he searched?”

I surmise that because “open carry” is legal in PA, but transporting a loaded firearm in a vehicle is not legal without a CCL, then the police feel free to use the opportunity to “stop & frisk”. If the motorist doesn’t have a CCL he is in violation of the law. If he does, then he’s free to go barring any other violations.


9 posted on 12/27/2019 9:37:48 AM PST by Tallguy (Facts be d@mned! The narrative must be protected at all costs!)
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To: Bitman

Because the gun wasn’t always concealed.


10 posted on 12/27/2019 10:09:25 AM PST by Balding_Eagle ( The Great Wall of Trump ---- 100% sealing of the border. Coming soon.)
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To: I want the USA back

“He did nothing wrong.”

DUI is ok in your book?


11 posted on 12/27/2019 10:13:40 AM PST by TexasGator (Z1z)
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To: Balding_Eagle

Open carry is generally legal. The gun doesn’t have to be concealed.


12 posted on 12/27/2019 10:14:35 AM PST by Bitman
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To: TexasGator

The suspicion of DUI was not the reason he was stopped, but was a result of the stop. He was stopped for suspicion of a firearm, and one that the police did not apparently see, but had been reported to them. Even if the police had seen the firearm, the defendant could have unloaded it and stored it in a locked glove box before the police showed up. Unless they had REASONABLE suspicion that he was committing a crime they had no business stopping him, much less searching him.

Are you OK with being searched because some reports you committing some suspicious level activity?


13 posted on 12/27/2019 10:51:45 AM PST by Bitman
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To: Bitman

This case isn’t about that at all.

I only answered you because you hadn’t read the article and I realized that your time was much more valuable than mine :<).


14 posted on 12/27/2019 11:04:01 AM PST by Balding_Eagle ( The Great Wall of Trump ---- 100% sealing of the border. Coming soon.)
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To: Balding_Eagle
You may want to read the article. This case was about an illegal search based on a report of suspicious activity that was in no way criminal. Let me post that from the article for you... Even viewing all of the evidence in the light most favorable to the Commonwealth, there exists no basis for a finding that Hicks was engaged in any manner of criminal conduct. Whether the gun was concealed or not, there was no criminal activity. If I could draw you a picture, I would. There was NO criminal activity. Wash, rinse, REPEAT.
15 posted on 12/27/2019 11:26:16 AM PST by Bitman
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To: cuban leaf

“I disagree with what the cops are doing, but I understand their thinking.”

>>>>>>>>>

Sounds a lot like, “I support the Second Amendment, but _____”


16 posted on 12/27/2019 12:25:02 PM PST by Ken H
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To: Balding_Eagle

PA SC =>

“Michael Hicks was deprived of the protections of the Fourth Amendment and Article I, Section 8 of the Pennsylvania Constitution, and the evidence derivative of his seizure should have been suppressed.”


17 posted on 12/27/2019 12:28:31 PM PST by Ken H
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To: I want the USA back

It’s a lot easier than chasing criminals.


18 posted on 12/27/2019 4:00:04 PM PST by Nuc 1.1 (Nuc 1 Liberals aren't Patriots. Remember 1789!)
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To: Bitman; Ken

Like I’ve said, that’s what this case was about.


19 posted on 12/27/2019 5:57:15 PM PST by Balding_Eagle ( The Great Wall of Trump ---- 100% sealing of the border. Coming soon.)
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To: Bitman

Non sequitur


20 posted on 12/27/2019 6:59:57 PM PST by TexasGator (Z1z)
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