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Old 11-09-2012, 16:45   #49
txleapd
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Join Date: Aug 2004
Location: TX
Posts: 6,126
Quote:
Originally Posted by brboyer View Post
I was not there so do not know the whole story, but I have to question the legality for demand of the license/permit.

There is quite a bit of case law on this subject, but LEO that work 'security' gigs are operating under the authority of the property owner, not the government, until such time as he/she has RS of a crime being committed.

Just because he was a LEO in uniform, does not necessarily mean that he was in the lawful performance of his duties at the time he requested/demanded the license/permit, nor does it mean that the encounter was lawfully a detention/seizure of his person under 4th Amendment.

Not sure how IOWA case law stands on open carry as RS of a crime.
I don't know how it is in Iowa, but in Texas the authority take legal action is always in effect for Peace Officers. Regardless of on duty, working a secondary assignment, or off duty.

As a side note, my department requires you to wear your department uniform when working a secondary assignment gig, and log on with Communications, so you can be put into CAD (Computer Aided Dispatch).


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