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by Soccerdad1995
Tue Aug 30, 2016 12:55 pm
Forum: Other States
Topic: IN: Court of Appeals: Merely having a gun not "reasonable suspicion"
Replies: 13
Views: 6212

Re: IN: Court of Appeals: Merely having a gun not "reasonable suspicion"

If it is a crime to drop your gun, in that jurisdiction, then I think this should have been a valid stop. Asking whether the man had a gun would be very relevant to the investigation of whether this crime had actually occurred.

I agree with others that the mere possession of a gun should not be reasonable suspicion for a stop anymore than driving a car should be reasonable suspicion for unlicensed driving. I just think this might not be the purest test case. Police stopping an OC'er who was doing nothing strange or provocative would be a much better case.

And the stated fear of a possible crime that could have possibly happened, but didn't, is a terrible justification for a stop, by the way. That would be like me calling the police when I see a Hillary bumper sticker on a car because I fear that anyone who is a supporter of a known felon might possibly rob me.

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