A plainclothes police officer observes a man openly carrying a firearm in a public park. The officer approaches the man, identifies himself, and asks to see the man's identification and firearm permit. The man refuses, stating he knows his rights and that the officer has no probable cause to detain him. The officer then places the man under arrest for obstruction of justice. Was the arrest lawful?
- ANo, because the officer did not have reasonable suspicion to initiate the stop.
- BNo, because openly carrying a firearm is not probable cause for arrest.
- CYes, because the officer had reasonable suspicion to investigate the open carry of a firearm.
- DYes, because the man refused to identify himself to a police officer.
Show answer & explanationAnswer & explanation
Correct answer: C. Yes, because the officer had reasonable suspicion to investigate the open carry of a firearm.
An officer may conduct a brief investigatory stop (Terry stop) if they have reasonable suspicion that criminal activity is afoot. Openly carrying a firearm, while potentially legal, can still provide reasonable suspicion for an officer to briefly detain and investigate to ensure public safety and confirm legality.
Why the other options are wrong
- A. This is incorrect. The observation of a firearm, even if openly carried, can provide reasonable suspicion for an officer to ensure the legality of the possession and public safety.
- B. While openly carrying a firearm may be legal in some jurisdictions, it can still provide an officer with reasonable suspicion to investigate, especially in a public park.
- D. Refusal to identify oneself, without more, does not automatically constitute obstruction of justice or justify an arrest without a lawful basis for the stop.
Terry Stop (Reasonable Suspicion)
A 'Terry stop' is a brief detention of a person by police on reasonable suspicion of involvement in criminal activity but short of probable cause to arrest. During such a stop, an officer may conduct a pat-down search for weapons if there is reasonable suspicion that the person is armed and dangerous.
- Requires reasonable, articulable suspicion of criminal activity.
- Limited in scope and duration; not a full arrest.
- Allows for a pat-down (frisk) for weapons if there's reasonable suspicion the person is armed and dangerous.
Memory trick: Terry's reasonable stop, not a full arrest, for a quick look top.