Lammo
Regular Member
Received this update info from one of my e-mail subscriptions:
Terry Stops. An anonymous tip that a person is carrying a gun is not, without more, sufficient to justify a police officer's stop and frisk of that person. Here, there is no evidence that the 911 caller felt intimidated or alarmed when shown the gun, or that the person who was holding the gun discharged it or pointed the gun at anyone. State v. Cardenas-Muratalla, COA No. 68057-9-1 (Feb. 3, 2014). http://www.courts.wa.gov/opinions/pdf/680579.pdf
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Guns and Terry is a combination that is appearing more frequently in case law. The next edition of the WAPA search manual, written before today's case was released, summarizes the law as follows:
Lawful Display of a Firearm. Washington law permits its residents to openly carry firearms. See generally RCW 9.41.050 and 9.41.060. “[W]here a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention.” United States v. Black, 707 F.3d 531, 540 (4th Cir. 2013) (finding no reasonable suspicion to stop or frisk the defendant, who was in an area known for robberies and other violent crimes, was in the company of an individual who had oft been arrested for felony drug offenses and another man who was openly carrying a holstered handgun, as authorized by North Carolina). See also St. John v. McColley, 653 F. Supp. 2d 1155, 1161 (D.N.M. 2009) (finding no reasonable suspicion where the plaintiff arrived at a movie theater openly carrying a holstered handgun, an act which is legal in the State of New Mexico). The fact that other statutes prevent convicted felons from possessing guns does not allow an officer to detain an armed stranger in their midst until the officer performs a record check. “Being a felon in possession of a firearm is not the default status.” Id.
Washington law does restrict the carrying of a concealed firearm to individuals who have a concealed pistol license. See generally RCW 9.41.050. There is, however, no presumption that a person carrying a concealed firearm lacks the required permit. People v. Murrell, 56 V.I. 796 (2012) (no presumption that person carrying firearm lacks permit); United States v. Ubiles, 224 F.3d 213, 217-18 (3rd Cir. 2000) (improper to stop a suspect based solely upon a report that the suspect had a firearm, which could be lawfully possessed under the law, when the authorities had no reason to know that the gun was unregistered or that the serial number had been altered); Regalado v. State, 25 So. 3d 600, 601 (Fla. 4th DCA 2009) (“Because it is legal to carry a concealed weapon in Florida, if one has a permit to do so, and no information of suspicious criminal activity was provided to the officer other than appellant's possession of a gun, the mere possession of a weapon, without more, cannot justify a Terry stop.”).
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The full WAPA Search and Seizure Manual can be found here under the Manuals tab: http://www.waprosecutors.org/
Terry Stops. An anonymous tip that a person is carrying a gun is not, without more, sufficient to justify a police officer's stop and frisk of that person. Here, there is no evidence that the 911 caller felt intimidated or alarmed when shown the gun, or that the person who was holding the gun discharged it or pointed the gun at anyone. State v. Cardenas-Muratalla, COA No. 68057-9-1 (Feb. 3, 2014). http://www.courts.wa.gov/opinions/pdf/680579.pdf
- - - - - - - -
Guns and Terry is a combination that is appearing more frequently in case law. The next edition of the WAPA search manual, written before today's case was released, summarizes the law as follows:
Lawful Display of a Firearm. Washington law permits its residents to openly carry firearms. See generally RCW 9.41.050 and 9.41.060. “[W]here a state permits individuals to openly carry firearms, the exercise of this right, without more, cannot justify an investigatory detention.” United States v. Black, 707 F.3d 531, 540 (4th Cir. 2013) (finding no reasonable suspicion to stop or frisk the defendant, who was in an area known for robberies and other violent crimes, was in the company of an individual who had oft been arrested for felony drug offenses and another man who was openly carrying a holstered handgun, as authorized by North Carolina). See also St. John v. McColley, 653 F. Supp. 2d 1155, 1161 (D.N.M. 2009) (finding no reasonable suspicion where the plaintiff arrived at a movie theater openly carrying a holstered handgun, an act which is legal in the State of New Mexico). The fact that other statutes prevent convicted felons from possessing guns does not allow an officer to detain an armed stranger in their midst until the officer performs a record check. “Being a felon in possession of a firearm is not the default status.” Id.
Washington law does restrict the carrying of a concealed firearm to individuals who have a concealed pistol license. See generally RCW 9.41.050. There is, however, no presumption that a person carrying a concealed firearm lacks the required permit. People v. Murrell, 56 V.I. 796 (2012) (no presumption that person carrying firearm lacks permit); United States v. Ubiles, 224 F.3d 213, 217-18 (3rd Cir. 2000) (improper to stop a suspect based solely upon a report that the suspect had a firearm, which could be lawfully possessed under the law, when the authorities had no reason to know that the gun was unregistered or that the serial number had been altered); Regalado v. State, 25 So. 3d 600, 601 (Fla. 4th DCA 2009) (“Because it is legal to carry a concealed weapon in Florida, if one has a permit to do so, and no information of suspicious criminal activity was provided to the officer other than appellant's possession of a gun, the mere possession of a weapon, without more, cannot justify a Terry stop.”).
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The full WAPA Search and Seizure Manual can be found here under the Manuals tab: http://www.waprosecutors.org/