I've heard different opinions from different officers. My opinion is that the wording of the Terry decision states "armed and dangerous." "Armed" and "dangerous." In my mind, those are two different things in the Court's view or they wouldn't have added that little "and." I don't disarm on a traffic stop unless I have some reason to believe you're dangerous. I've had other officers tell me differently though, so maybe I'm the one who is misinformed.
I think you are on the right track. In the Terry decision, the officer had reasonable suspicion to believe that the three men were about to commit a violent crime. So, it seems to me that before a search can be undertaken in the name of officer safety, the officer must establish that the person being searched would pose a risk to the officer if left armed.
I have been disarmed once during a traffic stop. The officer was very polite. So, was I. He did his thing and I went on my way. My logic at the time was that I may get a break if he sees that I am being honest, courteous and compliant with reasonable requests or questions. Unfortunately, I didn't get a break. 81 in a 65. Maybe I'll think differently next time.
I was carrying a Kimber in a Milt Sparks SS. The officer asked me to unholster with my left hand, drop the mag, rack slide, etc. It seems to me that this is asking for all sorts of trouble.
The safest place for that pistol for all involved is in my holster. The officer had no idea about my gunhandling skills. The manipulation of the handgun that he requested of me was very strange and awkward. (I know that I should practice these manipulations in case strong hand is disabled). The chances of an accidental discharge increase dramatically.
From a practical sense, it seems like the least risk for all involved is to leave the gun in the holster during this type of encounter.
Thoughts?
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