Ep. #263: Can police search a vehicle if the driver has lawful CCW?

To be clear, the general risk that is inherent during a traffic stop does not, without more, justify a frisk of the automobile's occupants. But the risk inherent in all traffic stops is heightened exponentially when the person who has been stopped—a person whose propensities are unknown—is “armed with a weapon that could unexpectedly and fatally be used against” the officer in a matter of seconds. Terry, 392 U.S. at 23, 88 S.Ct. 1868. As such, when the officer reasonably suspects that the person he has stopped is armed, the officer is “warranted in the belief that his safety ... [is] in danger,” id. at 27, 88 S.Ct. 1868, thus justifying a Terry frisk.


United States v. Robinson, 846 F.3d 694, 699 (4th Cir. 2017)

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[mikhaelis]

Anyone with a lawful CCW is *NOT* in violation of the law and you do not get to try to copsplain away you trying to circumvent the 4th Amendment and Rodriguez case law.

[dps]

That joke is great. With out any nervous or other suspicious criminal observations. I do not touch anyone's weapon or ask them to remove it from the holster. I do not want Thier hands on that weapon

[ObtainEmployment]

Hey Anthony,

I work armed security at a dangerous weekly motel in Las Vegas. Can a private citizen lawfully detain a person exhibiting erratic behavior related to mental illness, but not necessarily acting unlawfully? I.e. approaching random people in a manner that may be perceived by those who are unfamiliar as a threat, or picking up and swinging around fixtures (benches, etc).

[ElderG]

Hey Anthony, this question led me to wonder about another question regarding Constitutional Carry.
Do we need PC to run a CCH on someone to see whether they are a prohibited person or not? Say we are on a traffic stop and the CCH would not take an unreasonable amount of time for dispatch to run. Is there any federal case law that applies here or is this strictly a state by state LEADS policy issue?