Gunslinger
Regular Member
Not contradicting anybody; just adding to the discussion generally.
You have to take into account how things will play out on the ground. The "law" is one thing. How it may or may not be applied to your situation by the cop in front of you or the judge later is something else.
Courts are finding all kinds of wiggle-room holes through which to squeeze some of the damnedest pro-government decisions. Take this into account when planning your tactics. For example, (I'm just making this up) answering some questions, but then suddenly refusing to answer whether there is a gun is something I'll bet a number of courts would allow as reasonable suspicion of a gun--not RAS of the crime of carrying a gun illegally, but reasonable suspicion of a gun for officer safety. Just let the cop tell the judge that he also saw you move your hand, or that your eyes shifted toward the floorboard, or whatever he wants to make up to give it that little additional factor, and I'll bet that in a number of courts a gun search for officer safety is suddenly found "reasonable."
It seems as if in some courts, if the judges can find wiggle-room in the law, they will give it to the police. Especially on officer safety issues.
Also, realize that if a cop even gets the barest inkling of an idea there may be a gun and he is the tiniest bit concerned about his safety, there is a good chance you or your car are going to get searched. The cop isn't going to spend any time thinking about case law once he genuinely suspects--correctly or incorrectly--that there might be a gun. Case law and your rights be damned. We have heard as much from cops on this forum. I am not trying to discuss whether it is proper or legal. I am pointing out the cop's mindset. To hell with the law--get out of the car, now! Keep your hands where I can see them!
You can keep tabs a little bit on what the courts are letting police get away with in regards to the 4th Amendment with this handy little blog by an attorney: www.fourthamendment.com
"Officer safety" is the new 'for the good of the race.' All it's missing is the armbands. Terry only allows visual search of readily viewable car's interior. It still takes PC for a full search or it's fruit of the poison tree. Officer safety is not PC.