To: marktwain
Hmmmm ..?? Can’t he be arrested for “failure to comply” ..?? The officer did say, “Put your hands up”.
29 posted on
07/17/2012 2:21:48 PM PDT by
CyberAnt
("America is the greatest nation on the face of the earth".)
To: CyberAnt; Kenny Bunk
Hmmmm ..?? Cant he be arrested for failure to comply ..?? The officer did say, Put your hands up.
Right to Stop Him/No Right to stop Him?
Ping
First of all, the city has an ordinance that forbids wearing of saggy pants. Stupid ordinance, but legal. So yes, the cop is in the clear for stopping him for violating the ordinance. Next thing, the officer is trying to ensure his own safety, and not showing both hands/following reasonable orders is a bit suspicious. I would say a Terry search is perfectly valid in this case. And while I don't think it should be illegal for anyone (including a 16 year old) to carry a concealed (or not) weapon, it is currently illegal, and the weapon discovered was apparently stolen: (charged with Possession of a Stolen Firearm,). And then, of course, he tried to run, and failed.
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