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  • Thoughts?

    Policeman gets owned by law student, know your rights! - YouTube

  • #2
    That guy was obviously being a smart ass walking around with a visable gun. Looks like he set it up

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    • #3
      A 911 call and a man walking around with a gun on his back is enough to generate reasonable suspicion to stop and contact. Terry v Ohio would actually support the officers stop in this case given recent events, the fact the public was alarmed, and that the officer has an obligation to respond to calls for service.

      The kid, while having correctly quoted case law, overlooks the fact that the stop was not officer initiated but was in fact caused, if the officer is to be believed, by public outcry and a generated call for service, which the police have an obligation to respond to. In my opinion the supervisor saw it for what it was, a thinly veiled attempt by a college kid to bait officers into some thin line of misconduct.

      Taking the weapon for officer safety is not unreasonable as the rifle is completely unsecured. Had it been in a holster it would have been a different deal.

      I believe had they wanted to, they could have forced the issue of providing identification to ensure that he could legally possess the firearm. Keeping in mind I do not know Maine's state laws specifically regarding this, federal law I think could be construed to allow it based on the nature and seeming facts surrounding the contact.

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