In Texas, you park your car in front of someone in a mall parking lot with the intention of preventing them driving away - even for 5 minutes - and any TX PO can arrest you for false imprisonment. Even though the person is "free to walk away without the car" etc.
There is a reasonable period in which any PO can justify checking your identity, and making sufficient observations etc in order to deterimine whether or not there is any evidence that someone is engaged in a crime. An hour is a long time; too long if the sole basis of the detention is a legally carried firearm.
If any PO is dumb enough to try and trump up charges of "causing an affray" or breach of the peace based on a leglly carried firearm as in VT with no other elements - and a DA is dumb enough to carrying it to a court, I'd say that is firm grounds for charges of malicious prosecution as well.
If the state DA won't help you with criminal charges, the same can be followed through as a civil case whether the state DA likes it or not.
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There is a reasonable period in which any PO can justify checking your identity, and making sufficient observations etc in order to deterimine whether or not there is any evidence that someone is engaged in a crime. An hour is a long time; too long if the sole basis of the detention is a legally carried firearm.
If any PO is dumb enough to try and trump up charges of "causing an affray" or breach of the peace based on a leglly carried firearm as in VT with no other elements - and a DA is dumb enough to carrying it to a court, I'd say that is firm grounds for charges of malicious prosecution as well.
If the state DA won't help you with criminal charges, the same can be followed through as a civil case whether the state DA likes it or not.
-------------------------------
http://searchronpaul.com
http://ussliberty.org/oldindex.html
http://www.gtr5.com
http://ssunitedstates.org