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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="SMS" data-source="post: 1958276" data-attributes="member: 42"><p>This is the crux of the argument. Nobody is talking about all cops pulling <em>everyone</em> with a permit out of their vehicles. We are discussing <em>a</em> single case, in the original post, wherein an officer temporarily disarmed an individual during a traffic stop. </p><p></p><p>What were the rest of the factors during the stop? Driving erratically, reckless speeding? Were the officers "spidey senses" kicking in? Did he observe things that created reasonable suspicion (or gave him the excuse to claim RS)? Nothing is mentioned about that. The simple fact is, by your own admission that if an officer has reasonable suspicion, the law allows for a temporary removal of the weapon, SDA permit or not. </p><p></p><p>You are correct it is black letter law, but since the officer is not removing the weapon in order to conduct an <em>inspection</em> of the weapon, that paragraph is not operable. I'm am not alone in this opinion, but it's only worth a cup of coffee or a beer if we ever should meet.</p><p></p><p>(I appreciated your thoughtful response....arguing isn't a bad thing, as long as we are keeping it civil. Some folks are too thin skinned.)</p></blockquote><p></p>
[QUOTE="SMS, post: 1958276, member: 42"] This is the crux of the argument. Nobody is talking about all cops pulling [I]everyone[/I] with a permit out of their vehicles. We are discussing [I]a[/I] single case, in the original post, wherein an officer temporarily disarmed an individual during a traffic stop. What were the rest of the factors during the stop? Driving erratically, reckless speeding? Were the officers "spidey senses" kicking in? Did he observe things that created reasonable suspicion (or gave him the excuse to claim RS)? Nothing is mentioned about that. The simple fact is, by your own admission that if an officer has reasonable suspicion, the law allows for a temporary removal of the weapon, SDA permit or not. You are correct it is black letter law, but since the officer is not removing the weapon in order to conduct an [I]inspection[/I] of the weapon, that paragraph is not operable. I'm am not alone in this opinion, but it's only worth a cup of coffee or a beer if we ever should meet. (I appreciated your thoughtful response....arguing isn't a bad thing, as long as we are keeping it civil. Some folks are too thin skinned.) [/QUOTE]
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