Originally Posted by tonb
Right but the whole point of this thread is how to not get arrested. Just because it is legal to do something, doesn't mean it is a good idea, case in point open carry. Sure you can legally OC, then get belligerent with an officer and give him the finger as you storm off, but that doesn't mean its a smart thing to do and I'll feel no sympathy for the guy who gets his *** handed to him after doing so.
So even though I can legally toss an unloaded pistol on my passenger seat, odds are I'm kissing asphalt if I get pulled over regardless of the law. So the smart thing to do would be to place it in a locked container. Just my 2 cents.
Your right on point. People dont seem to realize (except those of us with law degrees) that the your remedies against an unlawful arrest or search (exclusionary rule, fruit of the poisonous tree, etc) are only applicable after you have already been arrested.
Just because you can legally OC, doesnt mean that its always a good idea to do it. Why draw the attention to yourself? If a LE Officer thinks you look suspicious, they are going to engage you, and trying to tell them "No officer, Im excercising my Constitutional rights (even though the 2nd Amendment doesnt apply to the states, although the recent SCOTUS case held that it may), you cant arrest me" is not going to help you. If they want to arrest you, they will, and therefore your remedy only lies after the fact.
Walking around, trying to prove a point by carrying a gun because its your "right" is fine and dandy, but be reasonable about it. There is zero point to carrying your Glock OC while standing in line at McDonalds. Your just making everyone nervous who doesnt care about guns, and drawing unneccessary attention to yourself.
If you really want freedom to carry a gun, move to Arizona.