Quote:
Originally Posted by Commander Bunny
A police scanner would have been fun to bring along, but some Cops see carrying a gun, and a scanner as trouble...
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I believe they would view carrying either would be suspicious, but the both together could preceed overreactive apoplexy.
As a supporter of open carry, I don't fault AG in conducting himself lawfully as he clearly did. In the course of events, his civil rights were violated...
The supreme court has already ruled in Florida v J.L. that an anonymous tip describing innocent behavior is not sufficient cause to justify a search. In U.S. v Ubilies they ruled that mere possession of a firearm is not evidence that a crime is afoot. And in Arizona v Hicks, probable cause applies only to things in plain view....
So it didnt matter that 911 got one call or forty calls identifying AG as a gunman. The only thing that these officers were authorized to do was inspect the loaded condition of the firearm per 12031. But even this is wrong, because 12031 creates a 'statutory' version of probable cause- its clearly a violation of the 4A.
While the easiest thing to do to avoid controversy or another police encounter is not to ever do this again, it is impossible to effect the change in police attitudes and policies without challenging them. By being good sheep (BAAAAAh- BAAAAAAh) we only encourage the authorities to continue to do as they have learned that they
could do. That challenge can come with a litigant prepared to sue or at the direction of our legislature prepared to inhibit the actions of police to strict Constitutional limits.
Guess which one will never happen in California.
Perhaps when the weather breaks or spring comes, I'll join him with my Mosin-Nagant slung with the bolt removed.