I hope Standing Wolf is being sarcastic, but that seems to be the reality in many places. The police no longer respond to a ‘man-with-a-gun’ calls when I’m involved, after all, that would be pure harassment and subject them to a lawsuit. Nonetheless, I think if a black man were to carry openly here in Tacoma the police would descend on him like flies on a fresh carcass. Seriously, I’d love to accompany someone of color with my video camera.
Anyway, suspicion, by itself, is not enough to seize a citizen of Washington. IOW, if I was riding a unicycle in a Speedo while glaring at passersby, that would not be sufficient for the police to detain me. Yes, it’s certainly suspicious, and a horrible visual, but there’s no element of a crime. The same is true for open carry. Just because someone thinks it looks suspicious, or a police officer thinks it looks suspicious, there is no crime being committed so the officer could not legally seize (detain) me for doing so. They can initiate a friendly chat, but I can walk away at any time. The important thing is to find out (1) if you are being detained, and (2) for suspicion of what crime the officer is detaining you. If someone told the 911 comm officer that you were waving the gun (brandishing) then you will have to accept the detainment as legal and explain your side of it. That’s why it’s so important to ask.
It is not suspicion.
It is reasonable articulable suspicion that a crime is afoot.
Now, this is how they get you: They can initiate a consensual conversation with you, one you could terminate at any time if you know what your rights are. While chatting with you they can use posture, tone, and their authority to make you believe that you are being detained for a crime that you don’t know about. If you admit to a crime or otherwise give the officer either reasonable articulable suspicion to probable cause, then you will be detained for further investigation or arrested.