stainless1911 wrote:
SNIP Does an empty holster give RAS or PC to search my vehicle?
RAS and PC are terms that have to do with standards of suspicion of a crime or evidence of a crime.
Your question will have more to do with officer safety.
In
Terry v Ohio, the US Supreme Court basically said that before a cop could search for a weapon for officer safety, three elements had to be present: 1) reasonable suspicion the person is armed 2) reasonable suspicion the person is presently dangerous, and 3) nothing in the first few moments of the encounter serves to dispel the cop's concern for safety.
In
PA vs Mimms the US Supreme Court effectively removed the last two
Terry-requirements for the officer to have reason to think the person is presently dangerous and that nothing in the first few moments dispels his concern about safety.
Thus, during traffic stops,
Mimmsleft with only the first requirement of
Terry: reasonable suspicion of gun.
Wanta bet that an empty holster will be viewed by the courts as reasonable suspicion a gun may be present and allow the officer to search for his safety?
Also, it has been a while since I've read them, so I can't cite, but I think there are other court cases that allow cops to search the areas the driver can reach for a weapon for officer safety. Perhaps another forum member knows the cases and can refresh our collective memory.
PA v Mimms:
http://supreme.justia.com/us/434/106/case.html
Terry v Ohio:
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0392_0001_ZO.html
Other court cases that have proven helpful to know:
http://opencarry.mywowbb.com/forum65/23936.html