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Competition, Tactics & Training
Self Defense & Handgun Carry
Legality of frisk/disarmed during traffic stop.
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<blockquote data-quote="Travis798" data-source="post: 2865759" data-attributes="member: 5980"><p>I know this is an old thread, but I'll throw in my thoughts.</p><p></p><p>First, AFAIK, speeding is technically a crime. When you sign the ticket, you are signing a promise to appear. Sure you can pay it and avoid court, but if you don't pay, a bench warrant can be issued for your arrest. Even with a traffic violation, you technically have a right to a trial by jury, because it is a criminal offense. This is why a DA will work with you, lower or even drop the ticket if you show up to court and say you want to plead not guilty. I've had tickets dismissed this way, because a DA really doesn't want to have a trial for a traffic offense.</p><p></p><p>Secondly, my interpretation of the SDA has always been that an officer cannot disarm you in the course of a minor traffic stop without another reason. Perhaps I'm wrong on that, but it's happened once to me, back in 08 or so.</p><p></p><p>I was driving down the road and saw a Deputy Sheriff. I was meeting up with my buddy and thought it was him, so I sped up just messing around. It wasn't him and the officer pulled me over. Upon telling him I had my CC, he had me step out and disarmed me and laid it on the bumper. Knowing that wasn't the right time to address the issue, I let it go but said something to my buddy after the fact. My buddy sighed and said he can't do that, and said he'd have a talk with him. I don't know what happened from there.</p><p></p><p>All other times I've been pulled over, the officers haven't even blinked an eye. I've had an OHP officer ask me what I'm carrying while we were in his car, and he was so comfortable he turned his back to me while walking knowing I was carrying and never even looked back. </p><p></p><p>Considering I've only ever been disarmed the one time, years ago, I've always assumed that police are trained to not disarm you, but perhaps they are just comfortable with CC holders now and just don't worry about it. If they are allowed to disarm us simply for their peace of mind, as has been said I've come across some I'd like to disarm for my peace of mind as well. After all, we are both simply citizens, and cops should be afforded no more rights than me. We should be working to once again unify the police and public, not create another class of citizen for those with a badge.</p></blockquote><p></p>
[QUOTE="Travis798, post: 2865759, member: 5980"] I know this is an old thread, but I'll throw in my thoughts. First, AFAIK, speeding is technically a crime. When you sign the ticket, you are signing a promise to appear. Sure you can pay it and avoid court, but if you don't pay, a bench warrant can be issued for your arrest. Even with a traffic violation, you technically have a right to a trial by jury, because it is a criminal offense. This is why a DA will work with you, lower or even drop the ticket if you show up to court and say you want to plead not guilty. I've had tickets dismissed this way, because a DA really doesn't want to have a trial for a traffic offense. Secondly, my interpretation of the SDA has always been that an officer cannot disarm you in the course of a minor traffic stop without another reason. Perhaps I'm wrong on that, but it's happened once to me, back in 08 or so. I was driving down the road and saw a Deputy Sheriff. I was meeting up with my buddy and thought it was him, so I sped up just messing around. It wasn't him and the officer pulled me over. Upon telling him I had my CC, he had me step out and disarmed me and laid it on the bumper. Knowing that wasn't the right time to address the issue, I let it go but said something to my buddy after the fact. My buddy sighed and said he can't do that, and said he'd have a talk with him. I don't know what happened from there. All other times I've been pulled over, the officers haven't even blinked an eye. I've had an OHP officer ask me what I'm carrying while we were in his car, and he was so comfortable he turned his back to me while walking knowing I was carrying and never even looked back. Considering I've only ever been disarmed the one time, years ago, I've always assumed that police are trained to not disarm you, but perhaps they are just comfortable with CC holders now and just don't worry about it. If they are allowed to disarm us simply for their peace of mind, as has been said I've come across some I'd like to disarm for my peace of mind as well. After all, we are both simply citizens, and cops should be afforded no more rights than me. We should be working to once again unify the police and public, not create another class of citizen for those with a badge. [/QUOTE]
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