4th Circuit rules LEO stop of West Virginian openly carrying AR15 "reasonable"--Walker v. Donahoe

[DispositionMatrix]

As expected; it's the 4th Circuit.

https://dl.airtable.com/.attachment...ed77bb7cf7/47585f42/WalkervDonahoeOpinion.pdf

Fourth, Walker was dressed to look like a soldier, in a black sleeveless shirt and
camouflage pants. See Embody v. Ward, 695 F.3d 577, 580-81 (6th Cir. 2012) (concluding
that military-style clothing contributed to reasonable suspicion justifying investigatory
detention of plaintiff while he was openly carrying firearm); Deffert, 111 F. Supp. 3d at
809 (same).

And fifth, Walker was walking rather than driving, suggesting that he might be a
minor and perhaps a student at Teays Valley Christian School. According to Corporal
Donahoe, Walker had a youthful appearance, though Walker contends that he did not have
such an appearance and that there is a genuine issue of material fact as to how old he
looked. In any event, there is no suggestion that Walker appeared older than he actually
was (24 years) or that his age somehow excluded him from reasonable suspicion of being
a prospective school shooter.

Walker is left with the argument that because Corporal Donahoe did not mention
any potential criminal activity related to Teays Valley Christian School during his
investigatory detention of Walker, Donahoe cannot now rely on the existence of reasonable
suspicion that Walker posed a threat to the school. That argument is foreclosed, however,
by the principle that “reasonable suspicion is an objective test” based on “the facts within
the knowledge of” the officer and not the officer’s “subjective beliefs.” See Foreman, 369
F.3d at 781; see also United States v. Branch, 537 F.3d 328, 337 (4th Cir. 2008) (explaining
that “if sufficient objective evidence exists to demonstrate reasonable suspicion,” an
investigatory detention “is justified regardless of a police officer’s subjective intent”).
Here, there is ample objective evidence demonstrating reasonable suspicion

 

[wilson911]

So that's OK. But we can't stop a guy praying on a rug in an airport with giant black robes chanting Aloha Snackbar? Because profiling and rights? OK, I get it.

 

[Hoover]

He 4th circuit was a good circuit pre Obama. He got to nominate quite a few judges to that circuit and now it’s one of the worst circuits along with the 9th and 1st. Some really reprehensible decisions from each
Unbelievable they bring up parkland to justify a stop 1500 miles away. Absurd

 

[paul73]

He 4th circuit was a good circuit pre Obama. He got to nominate quite a few judges to that circuit and now it’s one of the worst circuits along with the 9th and 1st. Some really reprehensible decisions from each
Unbelievable they bring up parkland to justify a stop 1500 miles away. Absurd

and he probably also had some LEGO set of something important, you bet.

 

[amm5061]

Well that's a mighty dangerous stop to be making in West Virginia. There be lots of banjos in them there hills.....

 

[Chevy 2 65]

Sick

 

[Howland]

So what other activities explicitly defined as rights by the highest law of the land are grounds for being taken into custody by law enforcement? Free speech? Free exercise of religion?

What a joke!

 

[67ray]

They use Heller to claim that AR-15s are not ordinary and say it provides a basis in part for reasonable suspicion. Unbelievable way to twist the Heller decision.

 

[moojpg2]

They use Heller to claim that AR-15s are not ordinary and say it provides a basis in part for reasonable suspicion. Unbelievable way to twist the Heller decision.

Unreal AR-15's are beyond ordinary, they are the most common rifle in circulation in North America right now by a long shot. 4th circuit is living under a rock.

 

[AHM]

... AR-15's are beyond ordinary, they are the most common rifle in circulation in North America right now by a long shit.

Spoiler

Someone once lead me to believe that the technical term is a "coil".

 

[nutsym16]

He should have put a I bought this gun from Hunter Biden sticker on it, or Eric Holder.

 

[Lank]

This is how constitutional rights are squashed- where does "reasonable suspicion" come from?

 

[weekendracer]

Allow me to be a breath of fresh air. This 'kid' was walking near a school, with an openly carried AR 15, a WEEK after a school shooting.

Has anyone in this forum ever heard of a copycat? Took 9 minutes to clear everything, mainly because the kid wanted to play big boy games.

This entire thing could have been over in a few minutes, everyone leave with a wave. Show me a video of the cops being dicks, I'm open to change my mind.