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Riot: I see you have a problem with what is a "right"...First, may I remind you,, the idea that a cop may temporarily disarm someone for "officer safety" is first...is from a different state, and a federal court, and when a person has been detained on suspicion of a crime...the STATE constitution in OR (and WA) can be stronger in it's protections, and is, and that can and has been held up in STATE court.

Ever wonder what some states have roadblock sobriety checks...and some do not? Normally this has to do with the STATE constitution and STATE court interpretation of that STATE constitution....seizing your carry (your property) is seizing your person...you have at a minimum been detained if not arrested ..For why????

So, for the "rights" of a person, you can just go sit in the back of the bus.

I'm not a lawyer, but I believe your right in that a LEO in WA. and OR. can only disarm a legally licensed carrying citizen if they are being detained or arrested. As I said, I would not tell the officer if I was carrying or not. I would keep my hands out in front of me in a non threatening manner. If he insisted on searching me, I would cooperate, but would politely, verbally object all the way through the process. I would then call my lawyer the first instant I could. I am not Anti Law Enforcement. Far from it. We need Law and order and officer's to maintain it....That being said, If a LEO over steps his jurisdiction, violates your right's or makes an error in judgement they must be called on it. By making a big deal out of it, everyone will be re-affirmed of what our right's and role's are in this free society. Right's have to be exercised or they get weak just like a muscle. The police are here to remind us of what the limit's of the law are and make sure we don't go past that line. We also need to remind them of the limits of the law,and make sure they don't go beyond their jurisdiction.
 
i'd be furious.

unfortunately, the courts allow for a very wide berth of officer discretion when it comes to disarming non-LEOs. you have no standing

You cannot be serious. He was searched and seized.

OP, did you even tell the officer that you do not consent? You don't have to consent to that bullbubblegum.
 
You cannot be serious. He was searched and seized.

He was also detained. If someone seizes and locks up your gun illegally and you have to wait to get it back, you are effectively detained.

I repeat. If he had reached for me I would have quickly moved away and told him I don't consent to being touched. If he asked to take my gun I would have told him politely that I don't consent to that. He would have had to arrest me to get my gun and I wouldn't have resisted, but he would have paid a price.

His behavior was BS.
 
I'm not a lawyer, but I believe your right in that a LEO in WA. and OR. can only disarm a legally licensed carrying citizen if they are being detained or arrested. As I said, I would not tell the officer if I was carrying or not. I would keep my hands out in front of me in a non threatening manner. If he insisted on searching me, I would cooperate, but would politely, verbally object all the way through the process. I would then call my lawyer the first instant I could. I am not Anti Law Enforcement. Far from it. We need Law and order and officer's to maintain it....That being said, If a LEO over steps his jurisdiction, violates your right's or makes an error in judgement they must be called on it. By making a big deal out of it, everyone will be re-affirmed of what our right's and role's are in this free society. Right's have to be exercised or they get weak just like a muscle. The police are here to remind us of what the limit's of the law are and make sure we don't go past that line. We also need to remind them of the limits of the law,and make sure they don't go beyond their jurisdiction.

Ok, lets get everyone on track. This person's partner called the police for assistance with transients on their property...hardly a reason to be detained or arrested.

By Seizing the man's pistol, the partners that called for police assistance were detained (they were not free to leave). That is the point, you call for assistance and YOU are detained? For why? This makes absolutely NO Sense at all. Being detained without cause is absolutely a violation of an individual's rights to be free from unwarrented seizure no matter what Riot seems to think.
 
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