Crucial Legal Update: Can You Detain Someone Just for Holding a Gun?

Good Morning! It’s Monday, March 3rd, 2025.

We had to cancel this week’s AI Roll Call Briefing for our premium subscribers, but we’re back on March 6th, 2025, at 8 PM (Eastern Time)!

You won’t want to miss this—whether you’re a seasoned chief or a brand-new rookie, we’ve got some exciting AI tools to show you that can make your job easier

 🎯 TODAY'S SCENARIO

Scenario: You're on patrol when a caller reports a man handling a firearm in a parking lot. The state allows open carry. When you arrive, the man is not threatening anyone, just holding the firearm. Can you detain him based on reasonable suspicion?

🗓️ Inside This Issue: What You Need to Know

• Last Week in Policing: Key takeaways (Feb 24– March 2nd, 2025)

• Legal Update: See evidence from outside a residence? What next?

• Supervisor Corner: Powerful info for our front line supervisors

• Training Spotlight: The Importance of Dry Fire

Check out Eric Tung’s new Newsletter
Blue Grit Newsletter

 📚 Weekly Law Enforcement Recap
(February 23rd- March 2nd, 2025)

👮‍♂️ Weekly line of duty deaths: 1 | Yearly Line of Duty Death Total: 13

📋 Ohio Bill Targets Ticket & Arrest Quotas
A new Ohio bill would ban agencies from using quotas to evaluate officer performance.
Why it matters: If passed, this could reshape performance evaluations nationwide. Read More

📉 Officer Misconduct Database Faces Budget Cuts
Funding cuts threaten a national database tracking officer misconduct.
Why it matters: Could make it harder for agencies to vet hires and maintain public trust. Read More

⚖️ DOJ Drops Hiring Discrimination Case Against Maryland State Police
A federal lawsuit alleging racial and gender bias in MSP hiring has been dropped.
 Why it matters: Highlights increasing scrutiny on law enforcement recruitment. Read More

🛡️ Alabama Bill Expands Legal Protections for Officers
Proposed legislation could strengthen officer immunity in civil lawsuits.
Why it matters: Pushes back against efforts to limit qualified immunity nationwide. Read More

🏛 Legal Update: United States v. Johnson (E.D. Okla. 2025)
🛑 Holding a Firearm Doesn’t Automatically Justify a Stop

THE COURTS HAVE SPOKEN

Federal Court: Just Handling a Gun ≠ Reasonable Suspicion

In United States v. Johnson (E.D. Okla., Feb. 2025), the court ruled that in open carry states like Oklahoma, officers need more than just "handling a gun" to justify detention.

Key facts:

• Caller reported someone handling a gun in an apartment parking lot

• When questioned about what law he broke, the officer told the suspect "we're trying to figure out what's going on"

• Court found this converted a consensual encounter into an unlawful detention

Why it matters: This follows U.S. v. Daniels (10th Cir. 2024), which similarly held that guns being taken "in and out of pockets in a parking lot may be odd, but it is not obviously illegal."

WHAT THIS MEANS FOR YOU

• Document specific suspicious behaviors beyond just gun possession

• Articulate why the situation presented danger beyond legal open carry

• Remember: "trying to figure out what's going on" suggests the person isn't free to leave

• This ruling applies in the 10th Circuit (OK, KS, NM, CO, WY, UT)

Bottom line: In open carry jurisdictions, you need specific articulable facts suggesting criminal activity, not just the presence of a firearm.

Quiz answer: B is correct. In open carry states, additional facts suggesting criminal activity are required.

🗳 Supervisor Corner
Social Media Can Make or Break Your Career

Social media is a double-edged sword for cops. Used wisely, it’s a tool. Used poorly, it can end your career. Here’s what you need to know.

Social Media Can Get You Fired

Courts have ruled that your speech isn’t fully protected if it damages department credibility.

Officers have been fired for:

• Posting political rants, offensive jokes, or case details

• Engaging in public arguments or unprofessional comments

• Sharing crime scene photos or suspect info

💡 Rule of Thumb: If you wouldn’t say it in roll call or on the news, don’t post it.

Criminals Are Watching You

Suspects search officer profiles for weaknesses, home addresses, and family members.

Lock down your social media now:

• Remove personal details (department name, home info, family photos)

• Turn off location services

• Limit your friends list—criminals use fake profiles to gather intel

Using Social Media to Your Advantage

When used correctly, social media can boost your career and help your job.

Best ways to use it:

• Community Engagement: Share safety tips & positive interactions

• Professional Growth: Follow legal updates & tactical pages

• Investigations: Monitor for threats, gang activity, and suspect movements

• Networking: Connect with officers, trainers, and industry leaders

Want promotions or new opportunities? Smart social media use can get you training invites, speaking gigs, and leadership roles.

Your assignment: Google yourself. If you don’t like what you find, fix it.

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