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Related: About this forumHigh Court: Police need ‘reasonable suspicion’ to frisk for guns
High Court: Police need reasonable suspicion to frisk for guns
August 08, 2014 5:00 am By HOWARD FISCHER Capitol Media Services
PHOENIX Police cannot frisk someone they stop and question absent some reasonable suspicion that criminal activity is afoot, the Arizona Supreme Court ruled Thursday.
In their unanimous decision affirming the right to carry a gun without interference, the justices rejected arguments by prosecutors that a simple belief someone is armed and dangerous is enough to justify a frisk, even without any evidence of criminal activity. They said the U.S. Constitution dictates otherwise.
The Fourth Amendment protects the right of people to be free from unreasonable searches and seizures, wrote Justice Rebecca Berch.
When officers consensually engage citizens on the street without having any evidence of wrongdoing, the mere presence of a weapon does not afford officers constitutional permission to search weapons-carrying individuals, she said. To conclude otherwise would potentially subject countless law-abiding persons solely for exercising their right to carry a firearm.
http://azdailysun.com/news/local/state-and-regional/high-court-police-need-reasonable-suspicion-to-frisk-for-guns/article_e4b658f8-1ebe-11e4-b5fe-001a4bcf887a.html
August 08, 2014 5:00 am By HOWARD FISCHER Capitol Media Services
PHOENIX Police cannot frisk someone they stop and question absent some reasonable suspicion that criminal activity is afoot, the Arizona Supreme Court ruled Thursday.
In their unanimous decision affirming the right to carry a gun without interference, the justices rejected arguments by prosecutors that a simple belief someone is armed and dangerous is enough to justify a frisk, even without any evidence of criminal activity. They said the U.S. Constitution dictates otherwise.
The Fourth Amendment protects the right of people to be free from unreasonable searches and seizures, wrote Justice Rebecca Berch.
When officers consensually engage citizens on the street without having any evidence of wrongdoing, the mere presence of a weapon does not afford officers constitutional permission to search weapons-carrying individuals, she said. To conclude otherwise would potentially subject countless law-abiding persons solely for exercising their right to carry a firearm.
http://azdailysun.com/news/local/state-and-regional/high-court-police-need-reasonable-suspicion-to-frisk-for-guns/article_e4b658f8-1ebe-11e4-b5fe-001a4bcf887a.html
Worth reading a second time, with a little emphasis of my own:
To conclude otherwise would potentially subject countless law-abiding persons solely for exercising their right to carry a firearm.
It seems to me that dovetails quite accurately with "keep and bear".
Discuss.
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High Court: Police need ‘reasonable suspicion’ to frisk for guns (Original Post)
beevul
Aug 2014
OP
questionseverything
(9,656 posts)1. from probable cause to
reasonable suspicion is a problem for me
NYC_SKP
(68,644 posts)2. I agree. Slippery Slope here.
As it is, "probably cause" is abused enough as it is.
"Reasonable suspicion" can mean a lot of things to a lot of people, it's just too subjective.
discntnt_irny_srcsm
(18,479 posts)3. Reasonable suspicion is BS
Really??? It took a state SC to figure this out??
Eleanors38
(18,318 posts)5. Does seem a tetch peculiar.
Eleanors38
(18,318 posts)4. "Reasonable suspicion" to frisk for anything. Good post!
ileus
(15,396 posts)6. peaceful people should be able to come and go in peace.
mwrguy
(3,245 posts)7. Arizona Supreme Court says
You can arrest people for being brown, just leave the guns alone.
discntnt_irny_srcsm
(18,479 posts)8. As God said to Noah (aka Bill Cosby)
"RIIIIIIIGHT"
Nuclear Unicorn
(19,497 posts)9. I'm just delighted the said
"criminal activity is afoot." We don't get to see writing like that very often these days.