brboyer
Member
[snip]
the op volunteered he was armed the dangerous part is a judgment call. good luck getting the court to get all antsy in a case where all that happened was being disarmed for the duration of the stop with no other charges . likewise goodluck getting them to specify exactly how the cop should disarm someone
Dangerous - Is that a judgement call, yep. One that requires the officer to articulate probable cause/reasonable suspicion that criminal activity is afoot - not simply because it's department policy; the guns scares me; the driver might be a felon, bla bla bla.
Few courts would agree that the driver of a car that, during a stop for a traffic violation (not a criminal investigation), voluntarily disclosed the presence of a lawfully owned/carried firearm would provide sufficient evidence that the driver was "Dangerous".
Perhaps, but if I was his supervisor I would certainly knock his butt -- <Sam> in the dirt for being so stupid and reckless. Then apologize to the complaitant and then have proper search/seizure and lawful firearms carry classes for all of my officers. The Board of County Commissioners really, really, hates 1983 lawsuits.goodluck getting them to specify exactly how the cop should disarm someone
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