Thread: Traffic Stop
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Old 04-24-2013, 06:33 PM
MaximumLawman MaximumLawman is offline
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Quote:
Originally Posted by SMSgt View Post
It is my belief that an officer can take control of a firearm for his safety.
In the absence of a state statute or case law that says you can seize the gun without any reason other than the fact that the guy you stop for running the stop sign is carrying with just as much legality as you are, it must also stand to reason that you can pat down everyone you stop for traffic "for officer safety". Because the guy who is going to shoot you isn't going to tell you he has a CPL permit, is armed and then hand the gun over to you "for officer safety". So if you can take a legal gun from a legal carrier for your safety, how come you can't just search everyone you stop for your safety, since the guy who wants to do you harm isn't going to tell you he's armed? The reason is: The 4th amendment. Cops get away with doing a lot of stuff that they technically aren't "allowed" to do, based on "officer safety". That is, until it's gets challenged and new law is made, for or against.
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