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Stop of a man in a hoodie for carrying a weapon lacked reasonable suspicion
OpenCarry.org ^ | 8 June, 2010 | United States v. Jones, 09-1731 (8th Cir. June 8, 2010).

Posted on 06/08/2010 5:41:20 PM PDT by marktwain

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I recall, many years ago as a peace officer, an instructor told us that he didn't worry much about probable cause during a Terry stop, that if he found a weapon, he had never had a case overturned.

This is a huge step forward to restore the Constitutional protection to be secure in our persons.

1 posted on 06/08/2010 5:41:20 PM PDT by marktwain
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To: marktwain

What would Dirty Harry say?? Make my day punk... or something like that.


2 posted on 06/08/2010 5:45:15 PM PDT by refermech
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To: marktwain

Its about time the courts began raining in search and seizure, especially the stop and frisk.

Far too many cops stop and frisk AND THEN justify themselves after something is found.


3 posted on 06/08/2010 5:47:23 PM PDT by The Magical Mischief Tour
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To: The Magical Mischief Tour

reigning not raining... jeeesh.


4 posted on 06/08/2010 5:47:49 PM PDT by The Magical Mischief Tour
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To: marktwain

If I had to guess, I would guess that the majority of men wearing hoodies haven’t contributed much to society.

Just a guess.


5 posted on 06/08/2010 5:48:34 PM PDT by boycott (CAL)
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To: boycott

Yes, everytime I go walking... I guess I contribute nothing good to society.

Nike will be so upset.


6 posted on 06/08/2010 5:50:12 PM PDT by The Magical Mischief Tour
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To: The Magical Mischief Tour

Yes, everytime I go walking... I guess I contribute nothing good to society.


Speaking of which ...... I need to go do now. Later. :>)


7 posted on 06/08/2010 5:52:32 PM PDT by boycott (CAL)
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To: marktwain
We find it remarkable that nowhere in the district court record did the government identify what criminal activity Officer Hasiak suspected.

I haven't read the opinion, so this might be a case of GIGO, but this sounds to me more a case of the prosecutors dropping the ball and not doing their basic casefile development to spell out in the trial court's record what, precisely, the officer's experience was, and what his experience was telling him about this guy - unless, of course, this really is a case of an unjustified frisk.
8 posted on 06/08/2010 5:53:19 PM PDT by Oceander (The Price of Freedom is Eternal Vigilance -- Thos. Jefferson)
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To: boycott
If I had to guess, I would guess that the majority of men wearing hoodies haven’t contributed much to society.

Do you know me? Though I have contributed a lot to myself

9 posted on 06/08/2010 5:56:31 PM PDT by Stentor
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To: boycott
If I had to guess, I would guess that the majority of men wearing hoodies haven’t contributed much to society.

Something similar came to my mind also, a mental picture of just what a person carrying might look like.................

10 posted on 06/08/2010 6:15:38 PM PDT by Balding_Eagle (Overproduction, one of the top five worries of the American Farmer each and every year..)
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To: boycott

If I had to guess, I would guess that the majority of men wearing hoodies haven’t contributed much to society.


Aren’t you the little police-state brownshirt!


11 posted on 06/08/2010 6:21:31 PM PDT by Atlas Sneezed (Anything worth doing, is worth doing badly at first.)
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To: boycott

Father of three Here, Fully Paid Child Support and Two of the Three are College Graduates. Eight Grandchildren.
Still working making Aircraft Parts at 59 Years Old. Will Probably have to work until I’m 66, If my health holds out
and Yes I do wear a Hoodie on occasion.


12 posted on 06/08/2010 6:21:52 PM PDT by SwedeBoy2
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To: boycott

I don’t like collectivist reasoning about “contribution to society” because it treats human beings as means to an end or based on how their life profits another.


13 posted on 06/08/2010 6:35:15 PM PDT by Skywalk (Transdimensional Jihad!)
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To: marktwain

Good thing the court made the right call. There is no gun exemption to the 4th amendment and seeing someone with a gun is not reason to even approach a person, let alone ask them for ID or detain them. Cops need to get this through their heads.


14 posted on 06/08/2010 6:39:18 PM PDT by Dayman
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To: boycott

“If I had to guess, I would guess that the majority of men wearing hoodies haven’t contributed much to society.”

That may be the case but they have the same right to own and carry firearms as you or I do. Someone in a hoodie should no more be accosted by the police for carrying a firearm than someone in a golf shirt and khakis.


15 posted on 06/08/2010 6:41:34 PM PDT by Dayman
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To: marktwain

“This is a huge step forward to restore the Constitutional protection to be secure in our persons.”

There are lots of people here who won’t see it that way.


16 posted on 06/08/2010 6:43:17 PM PDT by dljordan ("His father's sword he hath girded on, And his wild harp slung behind him")
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To: The Magical Mischief Tour

try “reining”


17 posted on 06/08/2010 6:52:17 PM PDT by Solidstatechemist (SolidStateChemist)
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To: Stentor
Do you know me? Though I have contributed a lot to myself

Of course we know you.

You also wear one of those European purses bags!

But we won't tell........

giggle.....j/k

18 posted on 06/08/2010 6:54:51 PM PDT by LasVegasMac
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To: boycott

“If I had to guess, I would guess that the majority of men wearing hoodies haven’t contributed much to society.”

Yeah, like them Franciscans. Dirty bums.


19 posted on 06/08/2010 7:08:37 PM PDT by Tublecane
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To: Oceander

“not doing their basic casefile development to spell out in the trial court’s record what, precisely, the officer’s experience was, and what his experience was telling him about this guy”

Most likely, the officer’s experience told him the guy was a “punk,” and punks are always up to “no good.”


20 posted on 06/08/2010 7:09:59 PM PDT by Tublecane
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