And if it does it will unnecessarily cost innocent folks some $$$ to stay out of jail and fight that nuisance behavior on the part of the department. I wonder how a civil rights violation law suit would go if there is much of that. Maybe a class action law suit.cb1000rider wrote:No pretext. They already do that stuff... Unfortunately. They call it "traffic safety".A-R wrote:
If you plan to open carry in Austin, I'd highly recommend you study "jaywalking" and other areas of law. Because I guarantee there will be a lot of "jaywalking" type pretext stops of anyone open carrying in Austin.
Art makes it sound like they'll do everything in their power to prevent effective OC. That will mean demonstrations, clashes with police asking for ID, and eventual legal challenges...
Even if OC legislation lacks an amendment to prohibit stopping based on OC alone, it really doesn't change the balance of caselaw which has held for years that you can't stop and demand ID without cause (probable cause or reasonable suspicion). They'll do it, but it'll eventually get legally swatted..
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Return to “Tip: probable cause, reasonable suspicion ...”
- Sat Apr 25, 2015 3:34 pm
- Forum: General Texas CHL Discussion
- Topic: Tip: probable cause, reasonable suspicion ...
- Replies: 17
- Views: 3819