View Single Post
Old 11-13-2012, 17:10   #125
CBL
Member
 
Join Date: Nov 2012
Location: Virginia
Posts: 21
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 a lawful detention/seizure of his person under the 4th Amendment.

Not sure how IOWA case law stands on open carry as RS of a crime.
Cant speak to Iowa but in VA when LEOs work off duty gigs they are being paid to perform their law enforcement functions on private property. They maintain the same authority as when on the government dime and are expected to act accordingly.
CBL is offline   Reply With Quote