Man DESTROYS cop with Case Law - ID Refusal - 2nd Amendment Audit - Open Carry
Man crushes this encounter by quickly citing "Terry v. Ohio, Delaware v. Prouse, Brown v. Texas, and U.S. v. DeBerry."
Credit to :
625GUNS: • Video
Terry v. Ohio, 392 U.S. 1 (1968): In justifying a particular search or seizure, a police officer must be able to point to specific and articulable facts which...reasonably warrant the search. This could be a reasonable suspicion ... that his safety or that of others was in danger, or that a specific crime was being committed.
Delaware v. Prouse, 440 U.S. 648 (1979): Mainly applies to vehicles, but says that except in those situations in which there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant has otherwise violated the law, stopping an automobile and detaining the driver in order to check his driver's license and the registration of the automobile are unreasonable under the Fourth Amendment. Meaning, you can't stop and search someone just to find out if they might be a criminal. You have to have a reason to think they are a criminal before you stop them.
Brown v. Texas, 443 U.S. 47, 52 (1979): When a police officer stops and demands identification from an individual without any specific basis for believing he is involved in criminal activity (reasonable suspicion) it is a violation of that person's 4th Amendment rights and can't be allowed. In sum, you're not required to give your ID to a police officer unless he has an articulable reason to suspect you of committing a crime.
U.S. v. DeBerry, 76 F.3d 884, 885 (7th Cir. 1996): Essentially says that police are allowed to ask you any questions they want (just like any stranger on the street can ask you any questions they want), the police CAN'T, however, seize someone unless they have "a reasonable belief and not a mere hunch that the person carrying the gun was violating the law."
Freedom Flexin
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