The pendulum seems to be swinging back the other way. From AP at FindLaw.com:
The judges ordered that the officers' discovery of the loaded pistol carried by Diego Rodriguez-Perez be suppressed as evidence and sent the case back to trial court.This reinforces the Supreme Court decision in Florida v. J.L. (2000) 529 U.S. 266:
Finally, the Court dismissed the state’s argument for a blanket “firearm exception” to the Terry reasonable suspicion requirement. Under such an exception, an undetailed and uncorroborated “tip alleging an illegal gun would justify a stop and frisk even if the accusation would fail standard pre-search reliability testing.” (Id. at 272.) The Court reasoned that this would allow wrongdoers to engage in harassment of other individuals by falsely asserting that they were carrying firearms. (Ibid.) Moreover, there is no logical way to limit any such public policy exception merely to tips involving firearms; any exception would quickly be expanded to drug-related tips and beyond to any tip reporting dangerous or threatening criminal behavior. (Id. at 272-73.)While this is a Oregon Appeals Court, it none the less signals a movement back toward some limits on government and police power.
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