Weird Open Carry Twist

Discussion in 'In the News' started by Malum Prohibitum, Oct 30, 2007.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    From VCDL Alert:

    19. Another good reason for police to NOT arbitrarily stop open carriers - bad guys might get off the hook!

    A recent court case let a previously-convicted felon out of weapons charge, because police illegally detained the man after a woman called '911' when she saw the man carrying a couple of rifles. Sound familiar?

    This article is not yet available on-line, so a scanned image of the hardcopy is here:

    The New Gun Week's Dave Workman recently reported that the lawful open carry of handguns is on the rise across the US and most police are starting to take it in stride.

    A related story in the same issue of The New Gun Week noted that there is a good reason why the police are more and more taking citizen gun carry in stride. If the police unlawfully detain a person with a gun, and arrest that person because he turns out to be a criminal who may not legally posess a gun, courts will suppress the evidence as the fruits of unlawful police conduct. State v. Casad, 139 Wash.App. 1032, 2007 WL 1822401 (Wash. Ct. App. 2007) (holding that because the open carry of firearms in "not unlawful" in Washington, that physical evidence and incriminating statements must be suppressed when obtained by police as fruits of a non-consensual encounter initiated by police solely because the subject was observed openly carrying firearms), PDF file available at:
  2. jgullock

    jgullock Active Member