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by srothstein
Sat Sep 08, 2007 1:58 am
Forum: General Gun, Shooting & Equipment Discussion
Topic: Do you have any weapons in the car ?
Replies: 32
Views: 5197

From my point of view, this question has multiple answers.

First, to correct one minor point: technically, to do a frisk based on the Terry decision, the officer must be able to articulate a specific fear from this incident, and not just a general fear of traffic stops are unsafe or something like that. Refusing to answer the question may or may not be enough for the officer to justify this, a court would have to look at it and decide. But, an officer cannot really frisk anytime he wants to.

To give Sig Guy points, he can legally do exactly what he says and should since we should all stand up for our rights or risk losing them. The long term view says this is the exactly correct thing to do and cops should not go on fishing trips (and you are not required to help them when they do). But, understand that sometimes life is not fair and you will suffer for your stance. A cop is much more likely to detain you and write more tickets when you are not as cooperative as he wants you to be. That is human nature, though it really is wrong of the cop.

Cops will sometimes be asking the general questions about destination and where you are coming from to check you for crimes or suspicious behaviors, but also sometimes just to make up their mind if you deserve a ticket or a warning. A lack of an answer, a "none of your business", or something similar will almost guarantee the ticket. Only you can decide how much of a stance you are willing to take for your rights.

On a slightly different note, I do recommend that you ALWAYS refuse to consent to a search. Locking the car door is one way. Just stating to the officer that you are complying with his orders but are not consenting to any search or waiving any rights is a must. I love stupid crooks who consent to searches knowing the drugs or stolen property (or dead body has also happened) are right where I can find them. I have lost count of how many times I was told by someone who consented that he did not think I would really search because by consenting he thought he showed there was nothing to hide. Make my job easy and I will like you. I will also arrest you if you are a criminal. Make my job harder and I will still arrest you if you are a criminal. BUT you might be able to get away with something more than the dumb guy who makes it easy for me.

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