dealing with the police during a traffic stop

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henschman

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the SDA also says that nothing in this section shall authorize an LEO to inspect a properly concealed or unconcealed weapon without probable cause that a crime has been committed. I guess a traffic violation is crime??? would this qualify as a crime and then allow the LEO to inspect or handle the weapon?

It is a vaguely-written law, and no one can be sure exactly how a court would interpret it. It could be argued that it is intended to disallow inspection/disarmament unless there is RS that a crime is being committed involving THE GUN. It could be argued that it is just restating the current Supreme Court precedent on searches and seizures. Or it could be seen as just making sure that the SDA isn't ever interpreted as specifically granting police authority to inspect any firearm carried pursuant to the license during any traffic stop, which is the way some states' carry laws are.

Just under Supreme Court precedent, the warrantless seizure of property can only occur in a limited set of circumstances. In the case of a gun, it would typically be justified as a Terry search, which requires reasonable articulable suspicion that you are both armed (which is a gimme in this case) and dangerous (which is not met unless supported by reasonable suspicion, based on specific and articulable facts, that you are, which typically isn't present for a normal traffic stop).
 

patrickcudd

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He removed the gun from you? Thats not allowed.

I told that to an OCPD Lt. after being pulled over the night before by one of his officers. To me that was not that big of a deal. The problem was, that after he disarmed me, he left the loaded handgun on the seat of my pickup and made me stand at the rear of the vehicle. Oh yea, I forgot to mention, my 8 year old was in the back seat.

This happend just four years ago!
 

Phildo64

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I told that to an OCPD Lt. after being pulled over the night before by one of his officers. To me that was not that big of a deal. The problem was, that after he disarmed me, he left the loaded handgun on the seat of my pickup and made me stand at the rear of the vehicle. Oh yea, I forgot to mention, my 8 year old was in the back seat.

This happend just four years ago!

WOW, that's a no go in my book.
 

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