Being aware of what law enforcement can legally do is important in case of a possible threat. Here we are dealing with what the police can do when one seems to be carrying an illegal weapon in the street.
Question: A man walking down the street appears to have an illegal weapon. what can a police officer do?
An illegal weapon seems to be used by a man walking down the street. What are the legal measures a police officer can take in such a case?
Options:
A. Immediately arrest the man without question.
B. Ignore the situation unless a crime is committed.
C. Investigate the situation and detain the man if there is reasonable suspicion.
D. Call the man’s family to verify his background.
Correct Answer: C.
Explanation For What Can a Police Officer Do If a Man Appears to Have an Illegal Weapon?
Whenever a police officer sees an individual holding something that seems to be an illegal weapon, he or she has the ability to perform an investigation. Police cannot arrest a person based on nothing, however they are authorized by the law to do it based on reasonable suspicion.
This principle is based on the U.S. Supreme Court case Terry v, Ohio (1968) permitting the stop and question of a person by the police when the police have a reasonable and articulable suspicion of criminal involvement by the person.
Provided that the officer (during the stop) has reasonable grounds to believe that the individual is armed and dangerous, he or she may also perform a brief pat-down (also called frisk) to find weapons. When the officer finds an illegal weapon then at that point he is allowed to have a legal arrest.
Thus, only option C suggests the legal procedure in the protection of constitutional rights and general law enforcement methods.
Frequently Asked Questions (FAQs)
Q1: What is “reasonable suspicion”?
A: Reasonable suspicion is a rule of law which enables a policeman to stop or temporarily detain an individual on the basis of certain and descriptive detail which leads to the belief that a crime is taking place. It is a lower threshold than a probable cause yet it is something more than a murky suspicion.
Q2: Can a police officer search someone without a warrant in this case?
A: Yes but in some circumstances. In case the officer has reasonable belief that the individual is armed and dangerous, he/she may execute a stop and frisk as a measure of safety. This would be a partial search of weapons and not a search of the body or property.
Q3: Is it illegal to carry weapons in public?
A: This has to do with the local and state laws. There are states that embrace open-carry or permit-carry. But such illegal possession (unregistered firearms, prohibited objects etc.) is considered illegal in any place.
