Tennessee Man with Silenced AR-15, Body Armor Arrested for Not Answering Police Questions

[Teh One Who Knocks]

By Dabney Bailey - Opposing Views


http://i.imgur.com/UgEn8Y8.jpg

Leonard Embody stirred up some trouble in Nashville, Tenn., by walking around town with a loaded AR-15 while wearing body armor. Police arrived on the scene after several complaints, but Embody was not interested in cooperating.

Embody refused to answer the officers’ questions as to whether or not the rifle was loaded and continued on his way. The officers followed Embody and continued to ask him questions.

At one point, the officers took Embody’s rifle and checked the magazine without his consent. The magazine was empty, but they were unable to determine if there was a round in the chamber because the gun was secured by a wire lock.

The police had seen enough. They took Embody into custody and charged him with possession of a prohibited weapon. Embody has since been released on a $3,000 bail.

The problem, of course, is that the police cannot arrest somebody for refusing to provide evidence that he or she has not committed a crime. Police can certainly be suspicious that a gun contains contain ammunition, but the mere presence of a gun is not sufficient evidence to seize and search property. It is akin to police officers arresting somebody because the individual will not allow police to come inside and look around. Guns, like all other forms of personal property, are supposed to be protected under the Fourth Amendment.

And yet, that did not stop the police from seizing Embody’s weapon and throwing him in cuffs, despite the fact that Embody was not breaking any laws and the police did not have any evidence that he was breaking any laws.

What is your take on the story? Should police officers have every right to stop people who are carrying guns and make sure that everything is legal? Or are you of the opinion that officers should keep their hands to themselves until they have any actual evidence of a crime?

[deebakes]

i think the police officers should have the right if he is just walking around with a visibly exposed gun :shrug:

[DemonGeminiX]

It depends on state laws. Yes, the 2nd amendment should be upheld, but it's very vague when looking at it in certain lights and because of that, how the states choose to deal with citizens carrying can vary greatly.

Looking at Tennessee laws, it says that conceal/open carrying handguns is legal with a permit, but concealed loaded long gun carry is illegal. You can carry a loaded long gun in your car if your a handgun permit owner and a round is not chambered. Open carry of long guns is legal, but only if the long gun is unloaded.

So I guess the gun laws of Tennessee give those officers a little leeway in their behavior towards this guy.

[Richard Cranium]

Guns are scary, evil and dangerous.

[Hal-9000]

i think the police officers should have the right if he is just walking around with a visibly exposed gun :shrug:

Agreed, they should be able to ask if he has a permit ffs...this is an instance where your 'rights' should be challenged by the law

[Hal-9000]

Guns are scary, evil and dangerous.

yes they are

[redred]

sorry but he was asking for attention ,I understand your right to own guns but have some common sense in the times we live in with all the high school shootings etc ,you can't just walk around dressed in body armour and a rifle and story's like this will cause problems for responsible gun owners

[Teh One Who Knocks]

More than likely it was the body armor that pushed it over the top. Had he been walking down the street with only the rifle, that would have been different and I would then side with the individual, but waling down the street with the rifle PLUS the body armor is over the top and this is exactly the outcome this guy was looking for IMHO.

Also, I'm guessing the idea who wrote the article meant that there was a flash suppressor on the rifle, not a silencer :rolleyes: Also, at the beginning of the article the writer states that the weapon is loaded, then later on, it states the cops pulled the magazine and it was empty. :shakehead:

[Loser]

Lawsuit baiting. No more, no less.

[Muddy]

He has the right to harass and intimidate the general public with his rights...

[KevinD]

Apparently, this guy is a bit of an ass.
(2010)
http://nashvillecitypaper.com/category/story-tags/leonard-embody

[Muddy]

Another wimp with a gun..

[KevinD]

Yep. I think we all know my feelings about guns and the 2nd amendment, but it's asshats like this that just make it harder for others to understand.
As I told Hal, guns to me are simply tools. Like a chainsaw, lawn mower or anything else, I don't get one out unless it's to clean/service it, or use it.

[Loser]

He's just looking for a lawsuit that will gain him money. no less no more.

[DemonGeminiX]

He's not gonna win anything. Tennessee law's pretty clear that if you're open carrying a long gun, then it better be unloaded and unchambered. That implicitly gives law enforcement the right to check. Especially if the dude's walking around the town with body armor on and people are complaining about him. That there gives police probable cause, right there. People complaining about him.

[Hal-9000]

Geez I'm glad the police are allowed to challenge a person walking down the street with a rifle (DGX's comment about it being loaded or not)

there has to be some sort of rules with things of this nature


guy was a complete douchebag IMO, wearing body armor and ignoring the cops when asked to stop....they should of plugged him in the legs with a lead sandwich :x

[DemonGeminiX]

Technically speaking, if you're not doing anything wrong and the cops try to stop you, you can legally ignore them and just keep walking. They don't like people knowing that, but it's the truth. If you're not being placed under arrest, then you don't have to give them the time of day.

[Teh One Who Knocks]

Technically speaking, if you're not doing anything wrong and the cops try to stop you, you can legally ignore them and just keep walking. They don't like people knowing that, but it's the truth. If you're not being placed under arrest, then you don't have to give them the time of day.

Exactly....if they keep harassing you, just politely asking them if you are being detained or arrested. If they answer yes, ask them on what grounds/charge. If they have nothing, they have to let you go because if they don't, you can sue the city/county/state for a bunch of money.

[Hal-9000]

Yeah but a guy carrying a long gun down the street? I read these things and imagine groups of people walking in some city's downtown, all with rifles...loaded or otherwise.

Up here that does not happen and if cops stop someone, we comply.

[Muddy]

Exactly....if they keep harassing you, just politely asking them if you are being detained or arrested. If they answer yes, ask them on what grounds/charge. If they have nothing, they have to let you go because if they don't, you can sue the city/county/state for a bunch of money.

Good info..

[DemonGeminiX]

Yeah but a guy carrying a long gun down the street? I read these things and imagine groups of people walking in some city's downtown, all with rifles...loaded or otherwise.

Up here that does not happen and if cops stop someone, we comply.

And that's where he fucked up. By Tennessee law, like I've posted twice before, you cannot open carry a long gun while it's loaded. If you're walking around in Nashville while open carrying a long gun for no particular reason and people complain to the police, when the police show up, you better show them that it's unloaded and unchambered, or your ass is gonna end up in jail. This idiot clearly doesn't know the firearm laws in Tennessee.

[Hal-9000]

And that's where he fucked up. By Tennessee law, like I've posted twice before, you cannot open carry a long gun while it's loaded. If you're walking around in Nashville while open carrying a long gun for no particular reason and people complain to the police, when the police show up, you better show them that it's unloaded and unchambered, or your ass is gonna end up in jail. This idiot clearly doesn't know the firearm laws in Tennessee.

So he pretty much was trying to make some sort of backhanded point about his rights?

there are better ways ffs.....in light of other events in your country that guy is damn lucky he didn't get washed in a spray of bullets from the authorities

[DemonGeminiX]

I don't know what he was trying to do. As far as I can see, the only thing he was successful at was showing his stupidity.

I don't what this author is getting at, either. He's bringing up the issue of the 4th Amendment (unreasonable search and seizures) and saying the open carry of a fireman should be protected under that, that a bullet chambered or a full-loaded magazine in the gun should be protected under the 4th, but I don't think any court judge in the history of the United States would agree with that sentiment. First of all, it's been ruled in the Supreme Court a long time ago that anything in plain view is open to search and seizure without a warrant. I'm sorry, but that's just the way it is. Combined with Tennessee firearm law, that gives the Nashville police full rights to do what they did. They see the long gun being open carried in full view of everybody, Tennessee law says it must be unloaded when being open carried. Given that, Nashville police are well within their legal authority to confront him and ask him to prove to them that the AR-15 is unloaded.