Police, The Fourth Amendment, Qualified Immunity

Open Carry / Refusal To ID Case

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Combs v. City of Birmingham, Dist. Court, ED Michigan 2013

What happened: Eighteen year old was open carrying a rifle in a state where open carry is legal for eighteen year olds. Police Terry stopped him on suspicion of underage carry. Plaintiff gave his name and said that he was eighteen and that his open carry was legal. He refused to present documentation of his id, so police arrested plaintiff for (among other things) refusal to obey a “lawful command.”

Decision: Police had probable cause to arrest plaintiff for his refusal to show id. Even if there was not probable cause, police get qi.

Comment: This case may interest lovers of the 2d Amendment. If there were a requirement to carry id in order to open carry (not a bad idea, IMO), then this affirmative duty should be spelled out under state (in this case, Michigan) law, and not become part of the policeman’s unwritten, plenary powers vis-a-vis gun carriers, which is what I feel the court is doing here. Hope this is appealed and overturned.

Written by Burgers Allday

September 7, 2013 at 8:39 am

Posted in Uncategorized

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