Is checking for a Lisense a valid reason to detain a person?
The thread about the guy who was arrested for open carrying when the Police said he did not appear to be of legal age to carry. In that case the Police claim is that he was stopped because of his youthful appearance. Which I understand would be reasonable cause.
Now for my issue. November first of this year Open carry, with a license, will become legal in Oklahoma. The Police Chief in one city here has already announced that his department will stop anyone they see openly carrying and ask to see their license. One some forums I have read that this is illegal if they do not have a reasonable suspicion that a crime is being committed.
Does anyone know for sure?
EDIT: I seem to have found my answer.
Under this special needs excemption it seems the Government is free to stop anyone who is required by law to have a license, for any activity, to see if they have one. This example refers to drivers licenses but I assume it applies to all activities requiring a license.
It depends on the type of motorist checkpoint. Roadblocks, as they are referred to by the courts, fall under what is known as a special needs exception to the 4th Amendment. The special needs exception requires that the primary purpose of the search/seizure be for regulatory, not law enforcement, purposes. Under this theory, things like drivers license/vehicle registration checkpoints pass muster because the purpose is to ensure motorists have complied with state licensing requirements. And as stated below, if there are observable signs of other wrongdoing, police may also gain probable cause for further searches at this type of checkpoint.