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LEO Encounter

The only issue I have with this is the officer reaching and taking your weapon. I've been handling guns for over 30 years now and I still see guns all the time that I'm not familiar with. It can be very dangerous to pick up someones gun even if your familiar with that type of firearm. You never know what kind of modification someone might have done to their weapon. It really boils down to the "need" to take the gun away from someone, for me any way.

If I felt the need to take possession of it for safety reasons then it's totally proper. Terry v. Ohio is a little more complex than just "frisk searching" someone for weapons. Terry v. Ohio is really about two very separate and distinct phases; "the stop", and then "the frisk". Also, a "frisk" is not a full search! Both "the stop" and "the frisk" must be justified by a reasonable suspicious thought in the officers mind that a clear risk for him/her is likely. The stopping of a motorists who is only speeding and has a weapon which is in plain view, coupled with the fact he is being totally compliant doesn't totally satisfy it for me. However, as I was not on the scene it is impossible for me to know exactly what the officer felt at that very moment in time....
 
The only issue I have with this is the officer reaching and taking your weapon. I've been handling guns for over 30 years now and I still see guns all the time that I'm not familiar with. It can be very dangerous to pick up someones gun even if your familiar with that type of firearm. You never know what kind of modification someone might have done to their weapon. It really boils down to the "need" to take the gun away from someone, for me any way.

If I felt the need to take possession of it for safety reasons then it's totally proper. Terry v. Ohio is a little more complex than just "frisk searching" someone for weapons. Terry v. Ohio is really about two very separate and distinct phases; "the stop", and then "the frisk". Also, a "frisk" is not a full search! Both "the stop" and "the frisk" must be justified by a reasonable suspicious thought in the officers mind that a clear risk for him/her is likely. The stopping of a motorists who is only speeding and has a weapon which is in plain view, coupled with the fact he is being totally compliant doesn't totally satisfy it for me. However, as I was not on the scene it is impossible for me to know exactly what the officer felt at that very moment in time....



To be clear; if the gun had "went off" as he was pulling it out of your holster and and a bullet had struck you in the leg, how would he be able to justify what he was dong later on?
 
pbi, maybe you should read reread Terry. It says there must be reasonable suspicion of criminal activity and that the reasons for suspicion must be articulated specifically.
 
It has nothing to do with respect!!!!!...My son is a LEO!!.......I am the biggest PRO LEO out here but..........to Stateline's point there are other ways of approaching instead of just giving up and being disarmed. Do you really think that every single LEO out there is a firearms expert?? Far from it......there are more police officers, deputies and feds that only handle their weapon on qualification week and that's it. When you carry a gun on your side every day and know the minimum required and no more.....that to me is dangerous. Sorry, it is not a disrespect issue, it is a SAFETY issue for me. You all might disagree, and that's fine. I am not trying to be an ass about it nor would I with the officer.

I think the situation was handled well by both parties, and I probably would have done the same. With that said...I was talking to an LEO yesterday in the parking lot of a grocery store and some of the horror stories he told me of the lack of knowledge of some LEO's concerning firearms was shocking. As one other poster said, there are some of them that are "in to" guns as we are (this LEO happened to be one of "us", and an ODT'er), but it seems according to him, most of them only shoot when they have to qualify, and he said a lot of them don't even own firearms of their own.
And lastly, I agree that usually if you are polite and respectful of them they will do the same. The only time I had a problem was when I was being a smart ass, and as such got the ticket I deserved. There were more times than not once they saw the military sticker on my windshield or saw my military ID and we started talking I was let off with a warning. So far been lucky, haven't got pulled over since I got my CCL.
 
You did well, I cant wait to get pulled over myself this time next year. At that point I hope to be a parole officer and I can just flash my badge and no more questions will be asked.
 
Ok. I've kept my mouth shut throughout this thread. I've read where some have posted essentially refuse to turn over your weapon etc. At the end of the day, all Law enforcement officers want to do one thing. Go home to there family. ( Odd I know but just like you)
When I was active law enforcement, and if I pulled over someone for a clear violation who had what appeared to be a shotgun wrapped up on the back of a motorcycle as well as a clearly visible sidearm on their belt. That person was going to do what ever I needed them to do to insure that I WENT HOME AT THE END OF WATCH. I would be respectful, but until you show me that your not a threat to me or others. Im in control of the situation as well as your weapons.If you cannot understand that, perhaps you should not have a weapon in the 1st place.
I think the officer in this scenario handled the situation extremly well. Perhaps, even putting himself at risk. However, for those of you who are stupid enough to think that you should not comply with the officers instructions. You place yourself in what could very possibly be a justifiable shooting situation. Sorry, but this is the real world and not some macho Monday morning quaterback where you can say "this is what I would have done".
 
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