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 Police lose OC harrassment case 
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 Post subject: Police lose OC harrassment case
PostPosted: Thu Sep 10, 2009 2:10 pm 
Wise Elder
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Joined: Thu Aug 11, 2005 7:48 pm
Posts: 2782
Location: St. Paul
Quote:
Federal Judge Upholds New Mexico Open Carry: On September 8, 2009,
United States District Judge Bruce D. Black of the United States
District Court for New Mexico entered summary judgment in a civil case
for damages against Alamogordo, NM police officers. The Judge's
straight shootin' message to police: Leave open carriers alone unless
you have "reason to believe that a crime [is] afoot." The facts of the
case are pretty simple. Matthew St. John entered an Alamogordo movie
theater as a paying customer and sat down to enjoy the movie. He was
openly carrying a holstered handgun, conduct which is legal in 42
states, and requires no license in New Mexico and twenty-five other
states... Judge Black's opinion and order is welcome news for the
growing number of open carriers across the United States. Though police
harassment of open carriers is rare, it's not yet as rare as it should
be - over the last several years open carriers detained without cause by
police have sued and obtained cash settlements in Pennsylvania,
Louisiana, Virginia (see additional settlement here), and Georgia. More
cases are still pending in Ohio, Wisconsin, Michigan, and Pennsylvania...


http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m9d9-Federal-judge-rules-police-cannot-detain-people-for-openly-carrying-guns

[ed:fixed link - plb]

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 Post subject: Re: Police lose OC harrassment case
PostPosted: Thu Sep 10, 2009 2:21 pm 
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Joined: Sat Feb 21, 2009 8:32 pm
Posts: 180
Location: St. Paul
That is an awesome story :!:

But I think your link is not working to the whole story.


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 Post subject: Re: Police lose OC harrassment case
PostPosted: Thu Sep 10, 2009 2:22 pm 
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Joined: Tue Jan 15, 2008 9:40 pm
Posts: 2264
Location: Eden Prairie
I saw this on another member's Facebook page. WOOHOO!!!!! :-D


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 Post subject: Re: Police lose OC harrassment case
PostPosted: Fri Sep 11, 2009 12:10 pm 
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Joined: Fri Nov 30, 2007 10:32 am
Posts: 515
Location: Metro Area - Apple Valley
“Leave open carriers alone unless you have “reason to believe a crime [is] afoot”” I might add leave “everyone” alone…..afoot. This is a nice outcome indeed.

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 Post subject: Re: Police lose OC harrassment case
PostPosted: Fri Sep 11, 2009 1:56 pm 
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Joined: Mon Nov 10, 2008 7:09 pm
Posts: 117
Location: South of the River
If anyone has an extra foot (right, size 9.5 but not fussy) I'll take it. Preferably with tibia and fibula.


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 Post subject: Re: Police lose OC harrassment case
PostPosted: Fri Sep 11, 2009 3:05 pm 
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Joined: Fri Aug 12, 2005 10:49 am
Posts: 687
Location: South Minneapolis (Nokomis East)
Rodentman wrote:
If anyone has an extra foot (right, size 9.5 but not fussy) I'll take it. Preferably with tibia and fibula.



I might have a left foot around somewhere... then you could dance as bad as me! ) :wink:

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 Post subject: Re: Police lose OC harrassment case
PostPosted: Mon Sep 14, 2009 1:57 pm 
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Location: Hopkins, MN
Anyone notice the caption on the picture? I didn't the first time I glanced at the page.

Quote:
Open carriers (courtesy Oleg Volk)


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 Post subject: Re: Police lose OC harrassment case
PostPosted: Mon Sep 14, 2009 2:24 pm 
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Joined: Thu Aug 25, 2005 7:23 pm
Posts: 1419
Location: SE MPLS
I've been reading the opinion.
Quote:
Additionally, Defendants lacked any reasonable suspicion for believing that Mr. St. John was armed and dangerous, as required by Tenth Circuit jurisprudence. See Davis, 94 F.3d at 1468. Defendants ask the Court to ignore the conjunctive phrasing of the rule and find, in essence, that anyone who is armed is, by virtue of that fact, dangerous. In light of the extensive, controlling and compelling jurisprudence to the contrary, the Court declines to do so.

It's nice to see that at least some courts understand this.

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