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'Brandishing' -- a double standard?

skidmark

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Citizen said:
Very interesting.

Is there any wiggle room in the law for a cop who knows he is walking up to the traffic-stopped vehicle of a CHP holder? I'm thinking in terms of a cop who already ran the plate, either before hitting the lights to initiate the traffic stop, or runs the plates right after stopping the car, but before he walks up to the car the first time.

I think I would be really annoyed if by holding a CHP I waived my right against this form of assault.
Click to expand...

It's for officer safety. The most important thing is that cops go home at the end of their shift with no more holes than when they started their shift.

The cop knows that the person the vehicle is registered to has a CHP but has no actual knowledge that the person in the vehicle actually has a gun in their possession. So walking up with their hand on their gun is an implied accusation that a) the person has a gun in their possession and b) that their intent would be to try to cause injury/death to the officer.

I would be interested in knowing how many of the persons who initiated shootouts with police when involved in a traffic stop had a CHP. But knowing how many non-CHP-ers initiated shootouts vs. how many CHP-ers did so might tend to put a major crimp in the "it's for officer safety" mantra.

stay safe.
 
()pen(arry

()pen(arry

Regular Member
Joined
Nov 15, 2010
Messages
735
Location
Seattle, WA; escaped from 18 years in TX
skidmark said:
The cop knows that the person the vehicle is registered to has a CHP but has no actual knowledge that the person in the vehicle actually has a gun in their possession. So walking up with their hand on their gun is an implied accusation that a) the person has a gun in their possession and b) that their intent would be to try to cause injury/death to the officer.
Click to expand...

In Virginia, if a person could be expected to be able to see the officer walking up with her hand on her gun, would this count as assault with a deadly weapon? I think a reasonable person would certainly view such an action as threatening.
 
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