N.D.Ill.: Plaintiff was properly temporarily removed from a city council meeting when it was discovered he was armed

In a combined First and Fourth Amendment case, plaintiff was at a city council meeting to speak, and he was animated and concerned others when they determined he was armed. He was removed from the meeting, and it was determined that he was a law enforcement officer, so they let him back in. The decision to remove him was reasonable under the circumstances. Sandefur v. Hanover Park, 2012 U.S. Dist. LEXIS 79412 (N.D. Ill. June 7, 2012)*:

Here, the court finds it significant that the stop took place in the context of a Village Board meeting. The situation is thus somewhat different from a typical Terry stop of an individual on the street. In the public setting of a Village Board meeting, the potential consequences of failing to apprehend an individual about to commit a crime are significantly enhanced, for any criminal activity is a threat not only to the order of the meeting, but also to the safety of all present. A stop that would not be justified on the street might therefore be reasonable in the setting and circumstances of a public meeting.

With that backdrop, the court determines that there was reasonable suspicion to seize Sandefur at the meeting, take him to the hallway, and search him. As explained above, the defendants had observed that Sandefur was carrying a concealed weapon, and they were not aware that he was a law enforcement officer. Moreover, Sandefur was very animated as he addressed the Board. The defendants were thus justified in attempting to ascertain whether Sandefur was legitimately carrying the weapon. Moreover, the search was minimally intrusive, for it lasted no longer than necessary to ascertain that Sandefur was a law enforcement officer and involved only as much force as necessary to secure Sandefur and prevent any potential harm to the attendees of the meeting. Within only a few minutes of the commencement of the search, Sandefur was free to leave.