Legality of frisk/disarmed during traffic stop.

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dennishoddy

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I've been pulled over three times for speeding since getting my CC.
First one (OHP) asked the location, then asked me to remove it and put it on the console before getting in his car. No biggie.
Next two, one OHP, and the other a NM Deputy, Never asked location and I carried it when getting in their cars. They didn't seem concerned at all.
 

O4L

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If it comes down to "reasonable suspicion" or "probable cause" then I ask, as I did on another thread....

How difficult is it for a LEO to come up with an excuse for either of those to cover his butt?
 

OldCurlyWolf

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If it comes down to "reasonable suspicion" or "probable cause" then I ask, as I did on another thread....

How difficult is it for a LEO to come up with an excuse for either of those to cover his butt?

It depends on how willing an officer is to commit PERJURY. Some will do it at the drop of anything. Others absolutely refuse to do so.

IMHO, the large majority fit in the second category.
 

Elm Creek Smith

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As amended on 05/29/2015, effective 11/01/2015: "The person shall display the handgun license or a valid military identification card on demand of a law enforcement officer; provided, however, that in the absence of reasonable and articulable suspicion of other criminal activity, an individual carrying an unconcealed or concealed handgun shall not be disarmed or physically restrained unless the individual fails to display a valid handgun license or valid military identification in response to that demand."

Years ago I was stopped for speeding by an Oklahoma Highway Patrolman. When he told me to come back to his car, I tried to tell him I was licensed and carrying concealed, but he said, WTTE, "All you have to do is get in my car." Once in his car, he asked to see my drivers license, and I included my CWL when I handed it over. He asked, "What's this?" When I told him it was my concealed carry license, he asked if I was carrying at that moment. I told him I was and it was on my right hip. His next question related to the gun was, "What are you carrying?" I told him that I was carrying a 3 inch S&W Model 13 .357 Magnum. His last comment about my carrying was; "Good choice." And, yes, I still got the ticket.
 

elance

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Come on people carry two give em one.
been stopped 4 times , professional interaction additional 5 times all non issue.

if they got sour tastes in mouths now, next time they ll have big chips .
Need to wash mouths out , be even more polite and calm than normal . And compliant and accommodating due to last interaction , and residuals stemming from it. Sometimes just showing a willingness to be more than understanding when confronted with an undesirable situation . Will go a long way to defuse personalities . And sometimes it just sucks .

anyways stafe safe carry on
elance
 

AKguy1985

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This is an old thread, but since I have new information to add I will. In the span of one year may 2013-june 2014 I was disarmed twice by LE officers. The first time I was stopped for a cracked windshield in pryor by an OHP trooper. He pulled me out of the car, reached into my holster and literally tossed my gun into my drivers side seat. I got a warning and then I was told to sit on my gun until I got down the road. The next time I got stopped by an OKCSO deputy on I-240? in OKC. I was about to go on vacation so I was driving a rental car with an out of state tag. I guess he thought i was running drugs. I was detained and treated like a criminal until my permit could be verified. I tried to file a formal complaint against that officer but his supervisor wouldnt even return my call.
 

Travis798

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I know this is an old thread, but I'll throw in my thoughts.

First, AFAIK, speeding is technically a crime. When you sign the ticket, you are signing a promise to appear. Sure you can pay it and avoid court, but if you don't pay, a bench warrant can be issued for your arrest. Even with a traffic violation, you technically have a right to a trial by jury, because it is a criminal offense. This is why a DA will work with you, lower or even drop the ticket if you show up to court and say you want to plead not guilty. I've had tickets dismissed this way, because a DA really doesn't want to have a trial for a traffic offense.

Secondly, my interpretation of the SDA has always been that an officer cannot disarm you in the course of a minor traffic stop without another reason. Perhaps I'm wrong on that, but it's happened once to me, back in 08 or so.

I was driving down the road and saw a Deputy Sheriff. I was meeting up with my buddy and thought it was him, so I sped up just messing around. It wasn't him and the officer pulled me over. Upon telling him I had my CC, he had me step out and disarmed me and laid it on the bumper. Knowing that wasn't the right time to address the issue, I let it go but said something to my buddy after the fact. My buddy sighed and said he can't do that, and said he'd have a talk with him. I don't know what happened from there.

All other times I've been pulled over, the officers haven't even blinked an eye. I've had an OHP officer ask me what I'm carrying while we were in his car, and he was so comfortable he turned his back to me while walking knowing I was carrying and never even looked back.

Considering I've only ever been disarmed the one time, years ago, I've always assumed that police are trained to not disarm you, but perhaps they are just comfortable with CC holders now and just don't worry about it. If they are allowed to disarm us simply for their peace of mind, as has been said I've come across some I'd like to disarm for my peace of mind as well. After all, we are both simply citizens, and cops should be afforded no more rights than me. We should be working to once again unify the police and public, not create another class of citizen for those with a badge.
 

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