IncendiaryGunner
Master
Gunner, if you read the first part there was a call he was responding to that call. If you were that cop and had to walk up to that man with a gun what would be your response be. The gun wasn't the problem the person was. All he had to do was to show ID then he would have been on his way. That cop didn't know who this guy was all he knew was that there was a call he may have just killed a cop or his wife or there may have been another call of a robbery two blocks away. Look at it from the cops side he has a wife and kids too and would like to get home to them after his shift. How much of your safety are you willing to risk. Now if he was asking to remove his right to carry that piece then I would be the first one to stand up for my 2nd Adm. rights but that wasn't the case.
If I look at it from the cop's perspective, he should not have had to respond to a call like that in the first place. There was absolutely no reason for the cop to have to walk up to that man....
There was no reasonable suspicion of any crime being committed, why should that call make it past the scrutiny of dispatch?
There was no call of a robbery two blocks away - that would have been an articulable, reasonable suspicion... that was not the case. Invoking hypothetical reasonable suspicions that did not exist does not justify an unlawful search where those suspicions are not present.
Also, the officer was the one sweeping the citizen with the muzzle... the only dangerous action was on the part of the law enforcement officer. The encounter should have never happened, and the citizen should not have been swept with his own muzzle... He should have not been detained, and the firearm should have remained in the holster where it belonged.
It is really not much different than people calling the police because an (insert minority) is walking down their street... without an articulable reasonable suspicion that a crime is being committed, or is about to be committed, no police response is necessary.
The citizen was not a problem... he was not causing any problems, or acting unlawful...
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