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 Post subject: Cases to Know: United States vs. Black (2013)
PostPosted: Mon Mar 04, 2013 12:16 pm 
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Joined: Tue Jan 06, 2009 1:58 pm
Posts: 1572
Location: Laurel, DE
David wrote:

Quote:
New Fourth Circuit ruling addresses open carry:

This is a fascinating case on reasonable suspicion calculus and what an appellate court is expected to do in judicial review, rather than rubber stamping the trial court’s conclusion reasonable suspicion existed. Two guys standing around, one with a prior, doesn’t support a stop of both, let alone the other. Seeing a gun is not reasonable suspicion in an open carry state. United States v. Black, 2013 U.S. App. LEXIS 4251 (4th Cir. February 25, 2013):

--------

The Government contends that because other laws prevent convicted felons from possessing guns, the officers could not know whether Troupe was lawfully in possession of the gun until they performed a records check. Additionally, the Government
avers it would be "foolhardy" for the officers to "go about their business while allowing a stranger in their midst to possess a firearm." We are not persuaded.

Being a felon in possession of a firearm is not the default status. More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. ...

United States v. Black,
http://www.ca4.uscourts.gov/Opinions/Pu ... 5084.P.pdf

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 Post subject: Re: Cases to Know: United States vs. Black (2013)
PostPosted: Mon Mar 04, 2013 5:17 pm 
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Joined: Tue Dec 16, 2008 9:50 am
Posts: 1259
scampbell3 wrote:
David wrote:

Quote:
New Fourth Circuit ruling addresses open carry:

This is a fascinating case on reasonable suspicion calculus and what an appellate court is expected to do in judicial review, rather than rubber stamping the trial court’s conclusion reasonable suspicion existed. Two guys standing around, one with a prior, doesn’t support a stop of both, let alone the other. Seeing a gun is not reasonable suspicion in an open carry state. United States v. Black, 2013 U.S. App. LEXIS 4251 (4th Cir. February 25, 2013):

--------

The Government contends that because other laws prevent convicted felons from possessing guns, the officers could not know whether Troupe was lawfully in possession of the gun until they performed a records check. Additionally, the Government
avers it would be "foolhardy" for the officers to "go about their business while allowing a stranger in their midst to possess a firearm." We are not persuaded.

Being a felon in possession of a firearm is not the default status. More importantly, where a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention. ...

United States v. Black, http://www.ca4.uscourts.gov/Opinions/Pu ... 5084.P.pdf


Link is broken...

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Chris
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 Post subject: Re: Cases to Know: United States vs. Black (2013)
PostPosted: Mon Mar 04, 2013 5:32 pm 
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Posts: 736
Updated link:

http://www.ca4.uscourts.gov/Opinions/Pu ... 5084.P.pdf

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 Post subject: Re: Cases to Know: United States vs. Black (2013)
PostPosted: Mon Mar 04, 2013 5:34 pm 
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Location: Laurel, DE
Link fixed.

Chip

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 Post subject: Re: Cases to Know: United States vs. Black (2013)
PostPosted: Mon Jan 12, 2015 7:04 am 
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this is very nice post

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