"OK, sir. As soon as I determine that to be true I will return your firearm and a warning(I'll let this one slide)..sit tight."
"Sir do you believe I'm a danger to you or others?"
"OK, sir. As soon as I determine that to be true I will return your firearm and a warning(I'll let this one slide)..sit tight."
Did you even read that case or is that something someone told you. That case revolves specifically around the controversial Seat Belt Act and concerns for expanding police powers. The Act prohibits further inquiries beyond the seat belt infraction itself. If he had been stopped for anything else or if she had articulated any kind of reasonable suspicion he would have been convicted.
You need to understand that the smallest details case to case can change judicial interpretation.
There will, of course, be circumstances where something more than an “unusual bulge” will be visible, or other conditions that provide a police officer with the requisite reasonable suspicion to conduct further inquiry. This is not one of them. And even if the facts were such that Officer Eastwood's questioning about the bulge was proper, the fact remains that Richardson's production of a valid gun permit should have resulted in the termination of any further questioning.
Sorry, but you need to read this:
Richardson specifically says in the emboldened part there that even if the questioning was proper, the valid permit (LTCH) ends questioning.
I would describe several of the responses from would be attorneys posted as poor counsel. During a legal stop an officer can order you in or out of the car while conducting an investigation. Enough facts were not presented in the original question to answer the question of right or wrong in obtaining the weapon. If the crime warrants or if the officer can articulate reasonable fear based on the persons behavior, then obtaining the firearm would be within reason. Police are granted the right to violate your rights and we do so when probable cause or reasonable suspicion exists. As a police officer for several years, I appreciate citizens who exercise their rights to carry and I actually feel safer not threatened.
How does the officer know that the pink piece of paper an individual has just handed him is A) valid and B) belongs to that individual?
My research says that their authority is to ask you out of the vehicle only. That does not mean a search of you or your vehicle beyond what is already visible. I have heard of plenty of cases where people argue and stay in their car but everything I have seen says they have that authority for no other reason than they have had PC for the stop already.
A traffic stop is, for practical purposes, a Terry stop;[10] for the duration of a stop, driver and passengers are “seized” within the meaning of the Fourth Amendment.[11] In the interest of officer safety, drivers[12] and passengers[13] may be ordered out of the vehicle without additional justification by the officer.
Sorry, but you need to read this:
Richardson specifically says in the emboldened part there that even if the questioning was proper, the valid permit (LTCH) ends questioning. Validating a LTCH does not include disarming a person.
Richardson was also in light of the seat belt law, which was written in such a manner to specifically keep police from using seat belt violations to find other crimes. Would this same standard be applied to other violations?
He logged off with me in my car and he's standing at my window!
I take it back, I hope it's a torrential downpour!
That rain is going to turn into snow!
Well he better hurry up with this traffic stop!
Question: if he turns into a popsicle, can I go ahead and leave?
I agree, but I figure my rights are more important than one of my guns.
Well he better hurry up with this traffic stop!
Question: if he turns into a popsicle, can I go ahead and leave?
"OK, sir. As soon as I determine that to be true I will return your firearm and a warning(I'll let this one slide)..sit tight."
Sorry, but you need to read this:
Richardson specifically says in the emboldened part there that even if the questioning was proper, the valid permit (LTCH) ends questioning. Validating a LTCH does not include disarming a person.