NavyLCDR
member
4th Amendment
It doesn't violate his 4th amendment if he consents. Lighten up. We are or should be on the same side.
Let me explain the danger of that thinking:
http://forum.opencarry.org/forums/showthread.php?81293-Harrassed-by-4-sheriffs-in-STARBUCKS!
Tom Brewster was standing in line at Starbucks in WA state, where open carry of a firearm is legal with no license required. A Sheriff deputy in line behind him for coffee, NOT even in response to a 911 (not that a 911 call would have made any difference at all), asks Tom for ID to verify that he is not a person prohibited to possess firearms. Tom was doind nothing different than every other person in the Starbucks, he was ordering coffee in the middle of the morning, that's what normal Americans do...
Tom asks the officer if he is being detained. Officer says no. Tom says then this conversation is over. Deputy leaves, Tom gets his coffee. Deputy calls three of his buddies and they return. Tom now finds himself facing 4 officers. Again they request that he produce ID to prove that he is not a prohibited person. Again, Tom's only action was ordering a cup of coffee at Starbucks. Tom again asks if they are detaining him. They reply no, but they must verify his identity to determine if he is prohibited or not.
Now, let me ask you, at this point, if you were Tom, would you feel completely free to leave Starbucks with no further harrassment?
After 8 full minutes of 4 officers harassing him, Tom "consents" and hands over ID to get the 4 officers to leave him alone. There is a full audio recording the of the encounter with the 4 officers.
In my personal opinion, these actions are the result of people condoning actions on the part of police in asking people to ID themselves when they have no legal basis to do so (no RAS of any crime being committed). The police get so used to consent being given to them to violate your rights that they begin to demand it when someone does not consent to their request. A right not exercised is a right lost. We see a very fine example of that principle right here.