Reply #18

DeRoche had the gun on his person (in his pocket) when the second witness also called police. Second witness also heart the word 'kill' without the context that he used the word in. Since the witness witnessed a crime (in possession of a firearm while intoxicated) AND according to the statements in the press, had reasonable suspicion he might do harm to himself or someone else, unreasonable search probably shouldn't be applied. If someone lawfully in your home witnesses you with a pound of cocaine and calls the police, you would not skip on the grounds of an unreasonable search in most cases, even without a warrant. They've already got probable cause a crime is being committed.

I can be naked in my house. No indecency issues. Privacy protects that. However, if I do it in front of an open window for a couple hours and a reasonable person not peeping sees me, that can be indecent exposure, even though I am inside my home. How is this relevant? Most handguns can put a round right through an exterior wall. Having a firearm on your person while drunk is really only a private matter if you live in an old abandoned NIKE missile silo.