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How are you? Not bad.
just so I can concentrate on what you are saying. Yep. I'm just gonna...
ok I don't consent to any searches. I just want to make that clear. I'm not going to search you.
I don't consent to any seizures either. Ok...I'm just going to hold this so I can have a conversation with you. Ok ummm.
crime are you... am I suspected of committing?
and uhhh you just pointed that gun at me.
when it was loaded. just so you know
that when you twisted it you pointed it right at me.
did before you reacted the slide you pointed it right at my legs
umm...people are calling about a guy walking around with a gun so...
uh... that's not illegal can I have my gun back and get moving along?
I just need your ID and we'll get you on your way. What crime do you suspect me of committing?
Like I said people are calling about a guy carrying a gun. yep. That's a report of a legal activity.
what crime do you suspect me of committing?
in order to stop me, you have to suspect me of committing a crime. Can you get your supervisor here?
He is on the way. okay thank you.
But like I said people are concerned.
It's a public safety issue. So I'm here to make sure everything is all set. Make sure you're all set. Ok. So I just need to see your ID and we'll call it good.
no sir. You're not going to give me your ID? unless you are at issuing me a summons as seventeen A 15 says uhh..
17 A 15... I need to make sure... requires.. Can you let me speak for a second? Yep. I need to make sure you are not a felon to carry this.
Do you suspect me of being a felon? I don't know you.
so okay if you don't suspect me being found out like my gun back and I would like to proceed on my way.
in order to carry a gun you are not allowed to be a felon. Correct.
but when i was just let me being a felon
there's no reason for you to stop me. There is a reason to stop you.
unless you suspect me of a crime as terry v ohio delaware v_r_ prouse um...
requires you to have a suspicion of crime before you detain individual
Brown v texas is does not that does not allow you to stop an individual and
Demand their ID. Can I get your first name so I can speak to you on a person to person basis. Uhhh...no.
You're not going to give me your... nope I'm not going to give you my name. So you're that type of guy when I'm trying to have a conversation with you.
i'm sorry sir but for my own protection
i would rather not give you anything because anything like it is going to go
on police report about this incident. There's going to be no police report.
there's a police log generated for every call. This is called a pedestrian report.
Yep. and unless you have a reasonable suspicion that I'm committing a crime you
can't detain me i have to be free to leave you've got to be asking consentual
encounter sir. Here's the deal sir.
you are walking down congress street carrying a gun. Yeah.. Ok...
is that illegal? There's cause for concern.
do you suspect me of committing a crime? Sir...
Do you suspect me of committing a crime yes or no? Sir I need... What do you have under your shirt?
uhh suspenders. To keep my pants up.
yeah that's the buckle for the suspenders
It's just common practice to..
Yep. It's illegal
common practice
It's not illegal. you see a guy walking down the street carrying a gun. yep
is that the only reason why you stopped me?
for carrying a gun. yes. Ok.
in that case refer you to dewberry v U S
here's my supervisor
to dewberry v u_s_ says that a firearm were legally carried
cannot be only cause for reasonable suspicion for a far a stop. yep.
am i free to go? You are.
okay can I have my gun back? Sure. Thank you.