In my mind, a person was pulled over in his car for a traffic offense. Car and reason for stop are related,, I understand the running the plate.bilgerat57 wrote: As I recall, the stop was initiated because of an alleged traffic offense. The car is not the perpetrator of the offense, but among the first things the officer will do is run a check on the license plate to see if the car is stolen or the owner wanted for any offense. How is one okay but not the other?
But the OP or who ever, the gun is not the reason for the stop, it has nothing to do with PC, or RS, and by your training or logic, the LEO would then be able to search, confiscate, and detain you while he has any other item in your possession at the time against crimes on the books.. You paper money against know robberies? Your DNA, it's in plain sight after all... your watch description, anything,, I’m betting these last few items will not be agreed as acceptable, well if not them, then why a gun that had nothing to do with why the personal is being contacted and detained for in the first place.
If pulled over for a traffic violation, possessions other then obviously illegal items in plain view are of no concern to the officer. My watch, cell phone, GUN, money, CC, DVD player on the back seat, none of those items are related to why the contact was being initiated, nor PRIMA FACIE evidence to a crime, and NOT the reason for the traffic stop.
They law specifically states he can disarm me for his safety, it does not say he can affect a search of that same piece of property without cause... And cause in my opinion is not just because I have a gun.
To me, this one is not worthy of discussion on the side of the road,, but you can bet I will pursue action against the department, state, and if possible the LEO himself.