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 Decision: Police can search person suspected of carrying ill 
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 Post subject: Decision: Police can search person suspected of carrying ill
PostPosted: Tue Oct 05, 2010 5:30 pm 
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This was an important Minnesota decision today.



The title is misleading as it would lend one to believe that it is about CCW, when in fact it is merely about a person who is suspected of carrying a gun illegally. Obviously a CCW carrier would not be carrying illegally.



http://www.twincities.com/ci_16258512


Quote:

Appeals Court backs police in test of Minnesota's 'concealed-carry' law


Associated Press

Updated: 10/05/2010 11:32:16 AM CDT

The Minnesota Court of Appeals says police can search a person suspected of illegally carrying a gun for identification when the suspect refuses to identify himself.

Minnesota's "concealed-carry" law requires a permit to carry a handgun in public. In a ruling today, the Court of Appeals says that when a person is detained on "reasonable suspicion" of violating that law, police may conduct a "limited search" for ID if the suspect refuses to provide his name or identification.

The ruling affirmed the conviction of a felon who was caught trying to carry a gun into a Minneapolis nightclub. When he refused to give his name, an officer took his wallet to get his ID, ran a computer check and discovered his previous convictions and gang connections.


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 Post subject: Re: Decision: Police can search person suspected of carrying ill
PostPosted: Tue Oct 05, 2010 8:24 pm 
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Yup; it's important, but I'm not sure it applies to permit holders who, when carrying, are already required by law to show their permit, upon "lawful demand."

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 Post subject: Re: Decision: Police can search person suspected of carrying ill
PostPosted: Wed Oct 06, 2010 6:46 am 
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joelr wrote:
Yup; it's important, but I'm not sure it applies to permit holders who, when carrying, are already required by law to show their permit, upon "lawful demand."

If you're carrying under a permit, you are required to show ID, so if you refuse to show ID, you automatically provide probable cause that you are either 1., violating the law by carrying under a permit and refusing to show ID, or 2., violating the law by carrying without a permit.

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 Post subject: Re: Decision: Police can search person suspected of carrying ill
PostPosted: Thu Oct 14, 2010 9:48 am 
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That's under the assumption that (the police know) you're carrying.

In this case, it's a valid conclusion, because the security guard (bouncer) observed the firearm.


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