Merely being in possession of a firearm is not a reason for a stop-and-frisk\u2013-an objective risk of potentially using it criminally is. Here, defendant was acting evasively when he saw the police and tried to get into a house he was not allowed in. United States v. Derrick, 2012 U.S. Dist. LEXIS 76540 (E.D. Pa. May 31, 2012):<\/p>\n
However, as some individuals are legally permitted to carry guns pursuant to the Second Amendment of the Constitution, a reasonable suspicion that an individual is carrying a gun, without more, is not evidence of criminal activity afoot. Therefore, the tip alone was not sufficient to support an investigatory stop and the Court must examine whether the stop was supported by other factors.<\/p><\/blockquote>\n
Defendant\u2019s stop on his own porch by a homicide detective for a traffic offense was without reasonable suspicion. Defendant\u2019s car was not stopped, and defendant got out and went to his house, and the officer pulled up and ran behind him yelling \u201cstop\u201d showing his badge and then there was a \u201ctangle\u201d on the porch with uniformed officers, too. The stop was without reasonable suspicion, and the gun found on him is suppressed. United States v. Walker, 2012 U.S. Dist. LEXIS 76781 (S.D. Ohio June 4, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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