Schlepnier
Regular Member
even during a valid Terry stop, the United States Supreme Court forbids police to even conduct a light pat down or seize weapons unless the subsequent to RAS for the stop, the "an officer is justified in believing that the individual whose suspicious behavior he is investigating at close range is [both] armed and presently dangerous to the officer or to others." 392 U.S. at 24. Stated another way, only "o long as the officer is [both] entitled to make a forcible stop, and has reason to believe that the suspect is armed **and dangerous** . . .may [he] conduct a weapons search limited in scope to this protective purpose." Adams v. Williams, 407 U.S. 143, 146 (1972) (emphasis added). So even if there were there to come a time that a Washington law enforcement officer properly seizes a person pursuant to RAS for brief investigatory purposes, the officer is not entitled to seize an openly carry weapon absent "reason to believe that the suspect is . . . [also presently] dangerous." Id. Should an open carrier stopped validly under Terry consensually produce a Concealed Pistol License, this fact weighs heavily against any officer's claim that the suspect is "presently dangerous" such that the gun maybe lawfully seized and serial numbers obtained. Accordingly, suppression of any evidence obtained in seizing the gun is likely under these circumstances.
You may wish to remind the officer that not only do you not consent, but also that if he does so he is in violation of RCW 9A.80.010 which is a gross misdemeanor.
http://apps.leg.wa.gov/RCW/default.aspx?Cite=9A.80.010
You can refuse to give consent. I would not recommend physically resisting. Whatever actions the officer(s) take without your consent can then be challenged in court. If you consent, then you must prove in court that your consent was coerced.
You may wish to remind the officer that not only do you not consent, but also that if he does so he is in violation of RCW 9A.80.010 which is a gross misdemeanor.
http://apps.leg.wa.gov/RCW/default.aspx?Cite=9A.80.010