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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="Just Don&#039;t" data-source="post: 1945793" data-attributes="member: 770"><p>I'm with Jhat. Based strictly on that information, that frisk was not legal. Terry is just the tip of the iceberg and it's an extremely complicated topic, but it comes down to scope of a traffic stop and reasonable suspicion that criminal activity is afoot. The scope of the original traffic stop is the traffic violation only. If the officer had noticed the firearm before or without receiving the license, he could have performed the stop and frisk because that expanded the scope. Since that didn't happen, he's just back to the traffic violation. In addition to case law, as mentioned by another poster, the statute specifically prohibits an officer from inspecting the weapon.</p></blockquote><p></p>
[QUOTE="Just Don't, post: 1945793, member: 770"] I'm with Jhat. Based strictly on that information, that frisk was not legal. Terry is just the tip of the iceberg and it's an extremely complicated topic, but it comes down to scope of a traffic stop and reasonable suspicion that criminal activity is afoot. The scope of the original traffic stop is the traffic violation only. If the officer had noticed the firearm before or without receiving the license, he could have performed the stop and frisk because that expanded the scope. Since that didn't happen, he's just back to the traffic violation. In addition to case law, as mentioned by another poster, the statute specifically prohibits an officer from inspecting the weapon. [/QUOTE]
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