Police can frisk armed drivers, no requirement to be dangerous it seems,

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  • Kutnupe14

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    No impact on us. 4th Circuit and Indiana has Pinner.

    Pinner really has no relevance to the conversation, IMO. It has oft been debated if an officer can remove a firearm from a driver who has been stopped legally. There is no prohibition against doing so, and it is certainly standard practice for many officers, if they have a driver exit a vehicle. The ruling in the OP seems to support that. Now, with that said, if there's a passenger in the vehicle, you're dealing with an entirely different issue. He hasn't been legally stopped, so one may very well be exceeding the scope of the 4th Amendment if one was to remove a firearm from them. Hell, technically the passenger of a stopped vehicle can open the door and walk away, and LE wouldn't have a legal reason to prevent such. In THEORY. I do not suggest anyone try that.
     

    Kutnupe14

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    I insulted a roundabout at a coffee shop in Carmel. The curbstomping was horrific . . . but the curbs were immaculate.

    Most people that have run ins with roundabouts end up either in jail, the hospital, or dead. They tend to be fairly unforgiving.
     

    Kirk Freeman

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    Lafayette, Indiana
    Pinner really has no relevance to the conversation, IMO. It has oft been debated if an officer can remove a firearm from a driver who has been stopped legally. There is no prohibition against doing so, and it is certainly standard practice for many officers, if they have a driver exit a vehicle. The ruling in the OP seems to support that. Now, with that said, if there's a passenger in the vehicle, you're dealing with an entirely different issue. He hasn't been legally stopped, so one may very well be exceeding the scope of the 4th Amendment if one was to remove a firearm from them. Hell, technically the passenger of a stopped vehicle can open the door and walk away, and LE wouldn't have a legal reason to prevent such. In THEORY. I do not suggest anyone try that.

    The facts in Robinson are nearly identical to Pinner. Pinner was seated in the lobby of a kino. Robinson was seated in the passenger seat of a motor vehicle.

    We have Pinner. We have Richardson and Washington.

    Robinson's holding of "constitutional rights free zones" being legitimate is abhorrent and smacks of Mississippi in 1865 and modifies the Supreme Court's use of "and".
     

    Nazgul

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    Near the big river.
    Stopped by the ISP near Salem today. I passed a slower vehicle and did not use my turn signal when I got back in my lane. Actually I was looking at the Trooper I did not see when passing :dunno:. When he approached I told him I was not sure if I had to inform him but I did have a hand gun in the drivers door pocket.

    He said he didn't care as long as it stayed there. He did check my LTCH.

    I got a warning and a have a nice day.

    Don

    P.S. no curb stomp involved.
     

    T.Lex

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    pzv5j7l.jpg
     

    Nazgul

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    Near the big river.
    Why weren't you sure?

    All the posts differ on here on what you should do, the cited references are confusing.

    I did not feel threatened by the Trooper, I have nothing to be nervous about on a traffic stop.

    Decided to take the easy going approach with him. In a situation where I had used the gun for defense, I would have said nothing other than my name until accompanied by a lawyer.

    Don
     

    KJQ6945

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    I guess that depends.

    I stopped.
    but if I'm asked to get out of the car, I would.

    I've always worried about getting stopped on the way to one of the "events" we attend. "Do you have any weapons", uh, maybe,... 30 or so, and 5,000 rounds of ammo. But, I have rights!
     

    actaeon277

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    I've always worried about getting stopped on the way to one of the "events" we attend. "Do you have any weapons", uh, maybe,... 30 or so, and 5,000 rounds of ammo. But, I have rights!

    I was stopped on the way to Willow Slough. RIGHT at the road going in. Another 60 seconds, and he would never have seen me.
    Anyway, I hand him my LTCH with the driver's license and insurance card.
    He asks where my gun is.
    I tell him "which one?"
    He asks, how many do you have?
    I told him I wasn't sure, somewhere between 12 and 17.
    I thought his eyes were going to pop.
    I think he was thinking about the "I need to hold it for safety".
    When he asked, why so many, I pointed to the Willow Slough sign I was parked right next to.
    So, he asked if I had any on me. I said, yes sir, on my hip.
    He told me to make sure it stays there.
     

    KJQ6945

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    I was stopped on the way to Willow Slough. RIGHT at the road going in. Another 60 seconds, and he would never have seen me.
    Anyway, I hand him my LTCH with the driver's license and insurance card.
    He asks where my gun is.
    I tell him "which one?"
    He asks, how many do you have?
    I told him I wasn't sure, somewhere between 12 and 17.
    I thought his eyes were going to pop.
    I think he was thinking about the "I need to hold it for safety".
    When he asked, why so many, I pointed to the Willow Slough sign I was parked right next to.
    So, he asked if I had any on me. I said, yes sir, on my hip.
    He told me to make sure it stays there.

    :lmfao:

    I always figured if I get stopped, I'm gonna tell them Jagee is an ISIS kidnapper.

    Every man for himself, and the second liar doesn't stand a chance.
     
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