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An officer frisked Quarles and noticed an empty holster.
A police report said officers had found a.357 Magnum revolver under Joseph's bed, and an empty holster on a lower shelf in his parents' closet.
When the police detained the man, they found him wearing an empty holster, and they asked him the whereabouts of the weapon.
"From the point of view of a criminal law defense attorney, you're dealing with a complaint that says he was in possession of a loaded weapon and he had an empty holster and that he admitted to police that the gun was his and that he had bought it in Florida, so what's left?" Steven J. Hyman, who represented Mr. Quarles, said in an interview.
There was, however, some circumstantial evidence: an empty holster found by the police among Williams' possessions showed evidence of a revolver recently being inside it.
Because the Supreme Court case basically involved stopping a guy who had an empty holster, and they said, where's your gun?
Similar(49)
Every spring it holds a national Empty Holster Protest "symbolizing that disarming all law-abiding citizens creates defense-free zones, which are attractive targets for criminals".
But he left behind a few things, including a full box of ammunition and an empty handgun holster.
He was cornered there by police officers, who frisked him, handcuffed him and, spotting an empty shoulder holster, asked, "Where's the gun?" Mr. Quarles gestured toward an empty carton of Wisk liquid detergent, where a.38-caliber snub nose pistol was recovered.
Emily Bazelon has a good summary of where the public-safety exception came from — the 1984 Quarles case, involving a rapist caught with an empty shoulder holster; his gun, which his victim had just seen, was lost in the supermarket where he was arrested — and why its invocation in Boston is a problem.
He had an empty camouflage drop holster that was affixed to his right thigh".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com