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Forums
Competition, Tactics & Training
Self Defense & Handgun Carry
Legality of frisk/disarmed during traffic stop.
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<blockquote data-quote="jhat" data-source="post: 1945404" data-attributes="member: 11866"><p>Interesting question. With regard to stop and frisk, the U.S. Supreme Court stated in Arizona v. Johnson, a 2009 opinion (citation omitted), that the stop must first be lawful, and second, the officer must reasonably suspect that the person is armed and dangerous. Clearly under this scenario the officer knows the person is armed, but there are no facts to indicate the person is dangerous. The suspect has a valid CCL license and, pursuant to law, so advises the officer. The fact that the person has a CCL is evidence that he has gone through a record check and is legally entitled to be armed. Assuming all the officer had was a traffic violation, the search was illegal. In short, the cop f----d up, and had he found contraband on the suspect, the evidence would be suppressed.</p></blockquote><p></p>
[QUOTE="jhat, post: 1945404, member: 11866"] Interesting question. With regard to stop and frisk, the U.S. Supreme Court stated in Arizona v. Johnson, a 2009 opinion (citation omitted), that the stop must first be lawful, and second, the officer must reasonably suspect that the person is armed and dangerous. Clearly under this scenario the officer knows the person is armed, but there are no facts to indicate the person is dangerous. The suspect has a valid CCL license and, pursuant to law, so advises the officer. The fact that the person has a CCL is evidence that he has gone through a record check and is legally entitled to be armed. Assuming all the officer had was a traffic violation, the search was illegal. In short, the cop f----d up, and had he found contraband on the suspect, the evidence would be suppressed. [/QUOTE]
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