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Competition, Tactics & Training
Self Defense & Handgun Carry
LEO asked me to remove my gun and leave it in car during traffic stop
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<blockquote data-quote="Michael Brown" data-source="post: 1157982" data-attributes="member: 18"><p>While federal caselaw is clear about the officer being able to lawfully disarm someone during a traffic stop, I have extraordinary tactical concerns about doing something like this.</p><p></p><p>There are so many things that can go wrong when you reach inside someone's car.</p><p></p><p>And finally .....da,da,dum........I think we have finally found a violation of the SDA act by an LEO.</p><p></p><p>I would regard taking the gun AND running the serial number without some sort of additional probable cause as an "inspection" and there is nothing that grants an LEO this authority.</p><p></p><p>I run the serial number on guns fairly regularly but NOT in the case of taking a gun for the purposes of continuing a traffic stop for a TRAFFIC violaton. IF there is a title 21 violation, that is a different matter.</p><p></p><p>I've heard a lot of people flap their gums about being "illegally" disarmed and invariably I find that there is nothing unlawful about the officer's actions, but I believe this instance to be an exception UNLESS there is more to the story and the officer simply did not articulate the additional probable cause to the detainee.</p><p></p><p>However the "seizure" would be a 4th Amendment issue and really only subject to damages, which it appears that the detainee did not suffer.</p><p></p><p>Where this might be terribly relevent would be if the officer ND'd the gun while trying to remove it from the holster or while handling it and damaged property or injured the detainee or another passenger.</p><p></p><p>Michael Brown</p></blockquote><p></p>
[QUOTE="Michael Brown, post: 1157982, member: 18"] While federal caselaw is clear about the officer being able to lawfully disarm someone during a traffic stop, I have extraordinary tactical concerns about doing something like this. There are so many things that can go wrong when you reach inside someone's car. And finally .....da,da,dum........I think we have finally found a violation of the SDA act by an LEO. I would regard taking the gun AND running the serial number without some sort of additional probable cause as an "inspection" and there is nothing that grants an LEO this authority. I run the serial number on guns fairly regularly but NOT in the case of taking a gun for the purposes of continuing a traffic stop for a TRAFFIC violaton. IF there is a title 21 violation, that is a different matter. I've heard a lot of people flap their gums about being "illegally" disarmed and invariably I find that there is nothing unlawful about the officer's actions, but I believe this instance to be an exception UNLESS there is more to the story and the officer simply did not articulate the additional probable cause to the detainee. However the "seizure" would be a 4th Amendment issue and really only subject to damages, which it appears that the detainee did not suffer. Where this might be terribly relevent would be if the officer ND'd the gun while trying to remove it from the holster or while handling it and damaged property or injured the detainee or another passenger. Michael Brown [/QUOTE]
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LEO asked me to remove my gun and leave it in car during traffic stop
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