If carrying is legal should they be able to do this? Of course I'll have to here comments like FAFO etc... But that's ignoring the question.
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Idiot got the exact response he was looking for. Let me stress idiot. -
He wanted interaction with the Police. He got his wish. STUPID attempt to get noticed just for internet "fame". FAFO for sure.
yes, I am a proud CHL person & 100% support the 2nd Amendment. But this guy makes us all look bad.Comment
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Idiot. Everyone knows you have to be a Black Panther to be able to carry an AR on the street.Comment
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🤔Comment
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Just cuz somethings legal doesnt mean it's smartComment
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Many people just need attention.
A guy at my college did the same thing. He knew about second amendment laws, but zero common sense, or sense in general.Comment
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No one said it was smart. But can LEO detain a person if they are not doing anything illegal?
You guys think it should be illegal to carry an AR like that? If you answer yes then you have a point I can't argue. But if you say no, then how can you be good with LEO detaining him for no reason?Comment
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I saw an idiot and a coward.Comment
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This type of thing is a lose/lose for the cops. Same as all the "auditing" channels. Saw one last week where a guy set up his tripod and started filming people eating in the outdoor area of a restaurant. Blatantly from just a few feet away. Of course customers complain and the cops are called. They can't do anything, restaurant probably loses business, but this guy gets his clicks on his channel.Comment
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Well, we can't have it both ways fellas SO what exactly do we want?
Our Freedom or no freedom? I may not agree with his approach, but he wasn't breaking any law.
And Gumbo man nailed it. BLM terrorized the nation for a year with less push back.Comment
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Stopping a person “for no reason” is obviously an unlawful detention. No need for a Harvard law degree to know that tidbit.Originally posted by RiverRat1 View Post
But…..
It only takes reasonable suspicion for a lawful detention. Open carry is not lawful in FL unless “engaged in” hunting or fishing. Can a person just walk around a city and open carry a handgun because he carries a fishing pole with him? Had this guy pulled up at the spot to fish in a car or on a bike, it would likely have been less of an issue. He chose to draw attention and walk through town.
So let’s go over the legal standards.
Nothing is based on theoretical percentages but that’s sometimes the easiest way to explain it.
0% is obviously nothing, not even a hunch.
A hunch or mere suspicion might be about a 10% the likelihood of a crime happening. Cops can be pretty perceptive (and some members of the public too) at knowing when something isn’t right. That is not enough information for a lawful detention though. The officer can’t quite say, A and B makes me think that C is happening. Something’s up but I am just not sure what. That is a hunch.
Then there is reasonable suspicion which is a legal standard. It might be about a 20-25% likelihood of a crime being afoot, backed up by “facts and circumstances” known to the officer.
Probable cause is about a 50% more likelihood of yes than no. Would a reasonable person, knowing what the officer knows at that moment, believe that a crime is likely being committed or has been committed? Probable cause is not technical but a look at everyday events and drawing inferences. If a cop hears glass break at 3 AM and turns the corner about 30 seconds later and sees a man standing in front of a broken window of a business and no one else is around, would a reasonable person believe that the man broke the window? After all the officer did not witness the window being broken. Maybe someone in a car use a slingshot to break the window. But for a probable cause the officer does not have to prove a crime. He only has to show that a reasonable person would believe that it is probable.
So you have pretty much declared that the police in this case had no reasonable suspicion to briefly detain the guy. Remember open carrying a handgun is a crime in Florida and this guy was open carrying. It would be much different in Texas where open carry is legal. Florida law simply says it’s a crime to open carry. There is the defense that a person is engaged in fishing or going to and from the fishing location.
Then the question becomes, if the officer sees you open caring which he knows is against the law, can he briefly detain you to see if you were actually en route to go fishing, hunting, etc.? I think so but FL might have case law one way or the other. If the guy was at the location and was actually casting a line into the water so apparently fishing, the officer would probably not have a cause to detain him. In this case, he was not fishing but claiming that he was en route.
So, if an officer witnesses what he knows is a crime of open carry but also knows that there are some defenses and it’s not apparent that the person is actively engaging in one of those situations such as fishing, can the officer briefly obtain the person under reasonable suspicion? Is there a 20-25% chance that the guy is up to no good?
It is not as simple as you watching a video of the guy and seeing the outcome when he was not arrested. You have the 20/20 foresight of knowing what was happening. The officers didn’t have that benefit. It is easy to look back after it’s all over and Monday morning quarterback but remember the officer had almost none of the information that you had. If there was a 80% chance that this guy was actually on the way to go fishing but about a 20% chance that he was not, that is likely a reasonable suspicion detention.
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Thanks TVC. Most of that makes sense.
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His channel name is the ARMED FISHERMAN. Says it all.Comment
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We sure have lots of bootlickers here
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